Title 14--Aeronautics and Space
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
SUBCHAPTER G--AIR CARRIERS, AIR TRAVEL CLUBS, AND OPERATORS FOR
COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS
PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE
AIRCRAFT
Special Federal Aviation Regulations
SFAR No. 14
SFAR No. 34--Compensation for Required Security Measures in
Foreign Air Transportation [Removed. 57 FR 60728, Dec. 22,
1992]
SFAR No. 36
SFAR No. 38-2--Certification and Operating Requirements
SFAR No. 41
SFAR No. 52
Special Federal Aviation Regulation No. 58--Advanced
Qualification Program
Subpart A--General
Sec. 121.1 Applicability.
Sec. 121.3 Certification requirements: General.
Sec. 121.4 Applicability of rules to unauthorized operators.
Sec. 121.5 Charter flights or other special service operation:
Flag and domestic air carriers.
Sec. 121.6 Leasing of aircraft.
Sec. 121.7 Common carriage by commercial operator.
Sec. 121.9 Operations of airplanes having a maximum passenger
seating configuration of 30 seats or less and a maximum
payload capacity of 7,500 pounds or less.
Sec. 121.11 Rules applicable to operations in a foreign
country.
Sec. 121.13 Rules applicable to helicopter operations:
deviation authority.
Sec. 121.15 Carriage of narcotic drugs, marihuana, and
depressant or stimulant drugs or substances.
Subpart B--Certification Rules for Domestic and Flag Air Carriers
Sec. 121.21 Applicability.
Sec. 121.23 Operations specifications not a part of
certificate.
Sec. 121.25 Contents of certificate and operations
specifications.
Sec. 121.26 Application for domestic or flag air carrier
operator certificates.
Sec. 121.27 Issue of certificate.
Sec. 121.29 Duration of certificate.
Subpart C--Certification Rules for Supplemental Air Carriers and
Commercial Operators
Sec. 121.41 Applicability.
Sec. 121.43 Operations specifications not a part of
certificate.
Sec. 121.45 Contents of certificate and operations
specifications.
Sec. 121.47 Application for supplemental air carrier and
commercial operator certificates.
Sec. 121.48 Commercial operator: Financial statement
preparation and certification.
Sec. 121.49 Commercial operator: Financial information required
for original issue or renewal.
Sec. 121.51 Issue of certificate.
Sec. 121.53 Duration of certificate.
Sec. 121.55 Commercial operator: Periodic financial reports.
Sec. 121.57 Obtaining waivers and authority for deviations.
Sec. 121.59 Management personnel required.
Sec. 121.61 Management personnel: qualifications.
Subpart D--Rules Governing All Certificate Holders Under This Part
Sec. 121.71 Applicability.
Sec. 121.73 Availability of certificate and operations
specifications.
Sec. 121.75 Use of operations specifications.
Sec. 121.77 Amendment of certificate.
Sec. 121.79 Amendment of operations specifications.
Sec. 121.81 Inspection authority.
Sec. 121.83 Change of address.
Subpart E--Approval of Routes: Domestic and Flag Air Carriers
Sec. 121.91 Applicability.
Sec. 121.93 Route requirements: General.
Sec. 121.95 Route width.
Sec. 121.97 Airports: Required data.
Sec. 121.99 Communications facilities.
Sec. 121.101 Weather reporting facilities.
Sec. 121.103 En route navigational facilities.
Sec. 121.105 Servicing and maintenance facilities.
Sec. 121.107 Dispatch centers.
Subpart F--Approval of Areas and Routes for Supplemental Air
Carriers and Commercial Operators
Sec. 121.111 Applicability.
Sec. 121.113 Area and route requirements: General.
Sec. 121.115 Route width.
Sec. 121.117 Airports: Required data.
Sec. 121.119 Weather reporting facilities.
Sec. 121.121 En route navigational facilities.
Sec. 121.123 Servicing and maintenance facilities.
Sec. 121.125 Flight following system.
Sec. 121.127 Flight following system; requirements.
Subpart G--Manual Requirements
Sec. 121.131 Applicability.
Sec. 121.133 Preparation.
Sec. 121.135 Contents.
Sec. 121.137 Distribution and availability.
Sec. 121.139 Requirement for manual aboard aircraft:
Supplemental air carriers and commercial operators.
Sec. 121.141 Airplane or rotorcraft flight manual.
Subpart H--Aircraft Requirements
Sec. 121.151 Applicability.
Sec. 121.153 Aircraft requirements: General.
Sec. 121.155 [Reserved]
Sec. 121.157 Aircraft certification and equipment requirements.
Sec. 121.159 Single-engine airplanes prohibited.
Sec. 121.161 Airplane limitations: Type of route.
Sec. 121.163 Aircraft proving tests.
Subpart I--Airplane Performance Operating Limitations
Sec. 121.171 Applicability.
Sec. 121.173 General.
Sec. 121.175 Transport category airplanes: reciprocating engine
powered: Weight limitations.
Sec. 121.177 Transport category airplanes: Reciprocating engine
powered: Takeoff limitations.
Sec. 121.179 Transport category airplanes: reciprocating engine
powered: En route limitations: all engines operating.
Sec. 121.181 Transport category airplanes: Reciprocating engine
powered: En route limitations: One engine inoperative.
Sec. 121.183 Part 25 transport category airplanes with four or
more engines: Reciprocating engine powered: En route
limitations: Two engines inoperative.
Sec. 121.185 Transport category airplanes: Reciprocating engine
powered: Landing limitations: Destination airport.
Sec. 121.187 Transport category airplanes: Reciprocating engine
powered: Landing limitations: Alternate airport.
Sec. 121.189 Transport category airplanes: Turbine engine
powered; takeoff limitations.
Sec. 121.191 Transport category airplanes: Turbine engine
powered: En route limitations: One engine inoperative.
Sec. 121.193 Transport category airplanes: Turbine engine
powered: En route limitations: Two engines inoperative.
Sec. 121.195 Transport category airplanes: Turbine engine
powered: Landing limitations: Destination airports.
Sec. 121.197 Transport category airplanes: Turbine engine
powered: Landing limitations: Alternate airports.
Sec. 121.198 Transport category cargo service airplanes:
Increased zero fuel and landing weights.
Sec. 121.199 Nontransport category airplanes: Takeoff
limitations.
Sec. 121.201 Nontransport category airplanes: En route
limitations: One engine inoperative.
Sec. 121.203 Nontransport category airplanes: Landing
limitations: Destination airport.
Sec. 121.205 Nontransport category airplanes: Landing
limitations: Alternate airport.
Sec. 121.207 Provisionally certificated air carrier airplane:
Operating limitations.
Subpart J--Special Airworthiness Requirements
Sec. 121.211 Applicability.
Sec. 121.213 Special airworthiness requirements: General.
Sec. 121.215 Cabin interiors.
Sec. 121.217 Internal doors.
Sec. 121.219 Ventilation.
Sec. 121.221 Fire precautions.
Sec. 121.223 Proof of compliance with Sec. 121.221.
Sec. 121.225 Propeller deicing fluid.
Sec. 121.227 Pressure cross-feed arrangements.
Sec. 121.229 Location of fuel tanks.
Sec. 121.231 Fuel system lines and fittings.
Sec. 121.233 Fuel lines and fittings in designated fire zones.
Sec. 121.235 Fuel valves.
Sec. 121.237 Oil lines and fittings in designated fire zones.
Sec. 121.239 Oil valves.
Sec. 121.241 Oil system drains.
Sec. 121.243 Engine breather lines.
Sec. 121.245 Fire walls.
Sec. 121.247 Fire-wall construction.
Sec. 121.249 Cowling.
Sec. 121.251 Engine accessory section diaphragm.
Sec. 121.253 Powerplant fire protection.
Sec. 121.255 Flammable fluids.
Sec. 121.257 Shutoff means.
Sec. 121.259 Lines and fittings.
Sec. 121.261 Vent and drain lines.
Sec. 121.263 Fire-extinguishing systems.
Sec. 121.265 Fire-extinguishing agents.
Sec. 121.267 Extinguishing agent container pressure relief.
Sec. 121.269 Extinguishing agent container compartment
temperature.
Sec. 121.271 Fire-extinguishing system materials.
Sec. 121.273 Fire-detector systems.
Sec. 121.275 Fire detectors.
Sec. 121.277 Protection of other airplane components against
fire.
Sec. 121.279 Control of engine rotation.
Sec. 121.281 Fuel system independence.
Sec. 121.283 Induction system ice prevention.
Sec. 121.285 Carriage of cargo in passenger compartments.
Sec. 121.287 Carriage of cargo in cargo compartments.
Sec. 121.289 Landing gear: Aural warning device.
Sec. 121.291 Demonstration of emergency evacuation procedures.
Subpart K--Instrument and Equipment Requirements
Sec. 121.301 Applicability.
Sec. 121.303 Airplane instruments and equipment.
Sec. 121.305 Flight and navigational equipment.
Sec. 121.307 Engine instruments.
Sec. 121.308 Lavatory fire protection.
Sec. 121.309 Emergency equipment.
Sec. 121.310 Additional emergency equipment.
Sec. 121.311 Seats, safety belts, and shoulder harnesses.
Sec. 121.312 Materials for compartment interiors.
Sec. 121.313 Miscellaneous equipment.
Sec. 121.314 Cargo and baggage compartments.
Sec. 121.315 Cockpit check procedure.
Sec. 121.316 Fuel tanks.
Sec. 121.317 Passenger information.
Sec. 121.318 Public address system.
Sec. 121.319 Crewmember interphone system.
Sec. 121.321 [Reserved]
Sec. 121.323 Instruments and equipment for operations at night.
Sec. 121.325 Instruments and equipment for operations under IFR
or over- the-top.
Sec. 121.327 Supplemental oxygen: Reciprocating engine powered
airplanes.
Sec. 121.329 Supplemental oxygen for sustenance: Turbine engine
powered airplanes.
Sec. 121.331 Supplemental oxygen requirements for pressurized
cabin airplanes: Reciprocating engine powered airplanes.
Sec. 121.333 Supplemental oxygen for emergency descent and for
first aid; turbine engine powered airplanes with pressurized
cabins.
Sec. 121.335 Equipment standards.
Sec. 121.337 Protective breathing equipment.
Sec. 121.339 Emergency equipment for extended over-water
operations.
Sec. 121.340 Emergency flotation means.
Sec. 121.341 Equipment for operations in icing conditions.
Sec. 121.342 Pitot heat indication systems.
Sec. 121.343 Flight recorders.
Sec. 121.345 Radio equipment.
Sec. 121.347 Radio equipment for operations under VFR over
routes navigated by pilotage.
Sec. 121.349 Radio equipment for operations under VFR over
routes not navigated by pilotage or for operations under IFR
or over-the-top.
Sec. 121.351 Radio equipment for extended overwater operations
and for certain other operations.
Sec. 121.353 Emergency equipment for operations over
uninhabited terrain areas: flag and supplemental air
carriers and commercial operators.
Sec. 121.355 Equipment for operations on which specialized
means of navigation are used.
Sec. 121.356 Traffic Alert and Collision Avoidance System.
Sec. 121.357 Airborne weather radar equipment requirements.
Sec. 121.358 Low-altitude windshear system equipment
requirements.
Sec. 121.359 Cockpit voice recorders.
Sec. 121.360 Ground proximity warning-glide slope deviation
alerting system.
Subpart L--Maintenance, Preventive Maintenance, and Alterations
Sec. 121.361 Applicability.
Sec. 121.363 Responsibility for airworthiness.
Sec. 121.365 Maintenance, preventive maintenance, and
alteration organization.
Sec. 121.367 Maintenance, preventive maintenance, and
alterations programs.
Sec. 121.369 Manual requirements.
Sec. 121.371 Required inspection personnel.
Sec. 121.373 Continuing analysis and surveillance.
Sec. 121.375 Maintenance and preventive maintenance training
program.
Sec. 121.377 Maintenance and preventive maintenance personnel
duty time limitations.
Sec. 121.378 Certificate requirements.
Sec. 121.379 Authority to perform and approve maintenance,
preventive maintenance, and alterations.
Sec. 121.380 Maintenance recording requirements.
Sec. 121.380a Transfer of maintenance records.
Subpart M--Airman and Crewmember Requirements
Sec. 121.381 Applicability.
Sec. 121.383 Airman: Limitations on use of services.
Sec. 121.385 Composition of flight crew.
Sec. 121.387 Flight engineer.
Sec. 121.389 Flight navigator and specialized navigation
equipment.
Sec. 121.391 Flight attendants.
Sec. 121.395 Aircraft dispatcher: Domestic and flag air
carriers.
Sec. 121.397 Emergency and emergency evacuation duties.
Subpart N--Training Program
Sec. 121.400 Applicability and terms used.
Sec. 121.401 Training program: General.
Sec. 121.403 Training program: Curriculum.
Sec. 121.404 Windshear training: Compliance dates.
Sec. 121.405 Training program and revision: Initial and final
approval.
Sec. 121.407 Training program: Approval of airplane simulators
and other training devices.
Sec. 121.409 Training courses using airplane simulators and
other training devices.
Sec. 121.411 Training program; Check airman and instructor
qualifications.
Sec. 121.413 Check airmen and flight instructors: Initial and
transition training.
Sec. 121.415 Crewmember and dispatcher training requirements.
Sec. 121.417 Crewmember emergency training.
Sec. 121.418 Differences training: Crewmembers and dispatchers.
Sec. 121.419 Pilots and flight engineers: Initial, transition,
and upgrade ground training.
Sec. 121.420 Flight navigators: Initial and transition ground
training.
Sec. 121.421 Flight attendants: Initial and transition ground
training.
Sec. 121.422 Aircraft dispatchers: Initial and transition
ground training.
Sec. 121.424 Pilots: Initial, transition, and upgrade flight
training.
Sec. 121.425 Flight engineers: Initial and transition flight
training.
Sec. 121.426 Flight navigators: Initial and transition flight
training.
Sec. 121.427 Recurrent training.
Sec. 121.429 Prohibited drugs.
Subpart O--Crewmember Qualifications
Sec. 121.431 Applicability.
Sec. 121.432 General.
Sec. 121.433 Training required.
Sec. 121.433a Training requirements: Handling and carriage of
dangerous articles and magnetized materials.
Sec. 121.434 Operating experience.
Sec. 121.435 Helicopter operations: Supplemental air carriers
and commercial operators.
Sec. 121.437 Pilot qualification: Certificates required.
Sec. 121.439 Pilot qualification: Recent experience.
Sec. 121.440 Line checks.
Sec. 121.441 Proficiency checks.
Sec. 121.443 Pilot in command qualification: Route and
airports.
Sec. 121.445 Pilot in command airport qualification: Special
areas and airports.
Sec. 121.447 [Reserved]
Sec. 121.453 Flight engineer qualifications.
Sec. 121.455 Use of prohibited drugs.
Sec. 121.457 Testing for prohibited drugs.
Sec. 121.458 Misuse of alcohol.
Sec. 121.459 Testing for alcohol.
Subpart P--Aircraft Dispatcher Qualifications and Duty Time
Limitations: Domestic and Flag Air Carriers
Sec. 121.461 Applicability.
Sec. 121.463 Aircraft dispatcher qualifications.
Sec. 121.465 Duty time limitations: Domestic and flag air
carriers.
Subpart Q--Flight Time Limitations and Rest Requirements: Domestic
Air Carriers
Sec. 121.470 Applicability.
Sec. 121.471 Flight time limitations and rest requirements: All
flight crewmembers.
Subpart R--Flight Time Limitations: Flag Air Carriers
Sec. 121.480 Applicability.
Sec. 121.481 Flight time limitations: One or two pilot crews.
Sec. 121.483 Flight time limitations: Two pilots and one
additional flight crewmember.
Sec. 121.485 Flight time limitations: Three or more pilots and
an additional flight crewmember.
Sec. 121.487 Flight time limitations: Pilots not regularly
assigned.
Sec. 121.489 Flight time limitations: Other commercial flying.
Sec. 121.491 Flight time limitations: Deadhead transportation.
Sec. 121.493 Flight time limitations: Flight engineers and
flight navigators.
Subpart S--Flight Time Limitations: Supplemental Air Carriers and
Commercial Operators
Sec. 121.500 Applicability.
Sec. 121.501 Flight time limitations: Helicopters.
Sec. 121.503 Flight time limitations: Pilots: airplanes.
Sec. 121.505 Flight time limitations: Two pilot crews:
airplanes.
Sec. 121.507 Flight time limitations: Three pilot crews:
Airplanes.
Sec. 121.509 Flight time limitations: Four pilot crews:
airplanes.
Sec. 121.511 Flight time limitations: Flight engineers:
airplanes.
Sec. 121.513 Flight time limitations: Overseas and
international operations: airplanes.
Sec. 121.515 Flight time limitations: All airmen: airplanes.
Sec. 121.517 Flight time limitations: Other commercial flying:
airplanes.
Sec. 121.519 Flight time limitations: Deadhead transportation:
airplanes.
Sec. 121.521 Flight time limitations: Crew of two pilots and
one additional airman as required.
Sec. 121.523 Flight time limitations: Crew of three or more
pilots and additional airmen as required.
Sec. 121.525 Flight time limitations: Pilots serving in more
than one kind of flight crew.
Subpart T--Flight Operations
Sec. 121.531 Applicability.
Sec. 121.533 Responsibility for operational control: Domestic
air carriers.
Sec. 121.535 Responsibility for operational control: Flag air
carriers.
Sec. 121.537 Responsibility for operational control:
Supplemental air carriers and commercial operators.
Sec. 121.538 Airplane security.
Sec. 121.539 Operations notices.
Sec. 121.541 Operations schedules: Domestic and flag air
carriers.
Sec. 121.542 Flight crewmember duties.
Sec. 121.543 Flight crewmembers at controls.
Sec. 121.545 Manipulation of controls.
Sec. 121.547 Admission to flight deck.
Sec. 121.548 Aviation safety inspector's credentials: Admission
to pilot's compartment.
Sec. 121.549 Flying equipment.
Sec. 121.550 Secret Service Agents: Admission to flight deck.
Sec. 121.551 Restriction or suspension of operation: Domestic
and flag air carriers.
Sec. 121.553 Restriction or suspension of operation:
Supplemental air carriers and commercial operators.
Sec. 121.555 Compliance with approved routes and limitations:
Domestic and flag air carriers.
Sec. 121.557 Emergencies: Domestic and flag air carriers.
Sec. 121.559 Emergencies: Supplemental air carriers and
commercial operators.
Sec. 121.561 Reporting potentially hazardous meteorological
conditions and irregularities of ground and navigation
facilities.
Sec. 121.563 Reporting mechanical irregularities.
Sec. 121.565 Engine inoperative: Landing; reporting.
Sec. 121.567 Instrument approach procedures and IFR landing
minimums.
Sec. 121.569 Equipment interchange: Domestic and flag air
carriers.
Sec. 121.570 Airplane evacuation capability.
Sec. 121.571 Briefing passengers before takeoff.
Sec. 121.573 Briefing passengers: Extended overwater
operations.
Sec. 121.574 Oxygen for medical use by passengers.
Sec. 121.575 Alcoholic beverages.
Sec. 121.576 Retention of items of mass in passenger and crew
compartments.
Sec. 121.577 Stowage of food, beverage, and passenger service
equipment during airplane movement on the surface, takeoff,
and landing.
Sec. 121.578 Cabin ozone concentration.
Sec. 121.579 Minimum altitudes for use of autopilot.
Sec. 121.581 Forward observer's seat: En route inspections.
Sec. 121.583 Carriage of persons without compliance with the
passenger- carrying requirements of this part.
Sec. 121.585 Exit seating.
Sec. 121.586 Authority to refuse transportation.
Sec. 121.587 Closing and locking of flight crew compartment
door.
Sec. 121.589 Carry-on baggage.
Sec. 121.590 Use of certificated land airports.
Subpart U--Dispatching and Flight Release Rules
Sec. 121.591 Applicability.
Sec. 121.593 Dispatching authority: Domestic air carriers.
Sec. 121.595 Dispatching authority: Flag air carriers.
Sec. 121.597 Flight release authority: Supplemental air
carriers and commercial operators.
Sec. 121.599 Familiarity with weather conditions.
Sec. 121.601 Aircraft dispatcher information to pilot in
command: Domestic and flag air carriers.
Sec. 121.603 Facilities and services: Supplemental air carriers
and commercial operators.
Sec. 121.605 Airplane equipment.
Sec. 121.607 Communication and navigation facilities: Domestic
and flag air carriers.
Sec. 121.609 Communication and navigation facilities:
Supplemental air carriers and commercial operators.
Sec. 121.611 Dispatch or flight release under VFR.
Sec. 121.613 Dispatch or flight release under IFR or over the
top.
Sec. 121.615 Dispatch or flight release over water: Flag and
supplemental air carriers and commercial operators.
Sec. 121.617 Alternate airport for departure.
Sec. 121.619 Alternate airport for destination: IFR or over-
the-top: Domestic air carriers.
Sec. 121.621 Alternate airport for destination: Flag air
carriers.
Sec. 121.623 Alternate airport for destination; IFR or over-
the-top: Supplemental air carriers and commercial operators.
Sec. 121.625 Alternate airport weather minimums.
Sec. 121.627 Continuing flight in unsafe conditions.
Sec. 121.628 Inoperable instruments and equipment.
Sec. 121.629 Operation in icing conditions.
Sec. 121.631 Original dispatch or flight release, redispatch or
amendment of dispatch or flight release.
Sec. 121.633 [Reserved]
Sec. 121.635 Dispatch to and from refueling or provisional
airports: Domestic and flag air carriers.
Sec. 121.637 Takeoffs from unlisted and alternate airports:
Domestic and flag air carriers.
Sec. 121.639 Fuel supply: All operations: domestic air
carriers.
Sec. 121.641 Fuel supply: nonturbine and turbo-propeller-
powered airplanes: Flag air carriers.
Sec. 121.643 Fuel supply: Nonturbine and turbo-propeller-
powered airplanes; supplemental air carriers and commercial
operators.
Sec. 121.645 Fuel supply: Turbine-engine powered airplanes,
other than turbo propeller; flag and supplemental air
carriers and commercial operators.
Sec. 121.647 Factors for computing fuel required.
Sec. 121.649 Takeoff and landing weather minimums: VFR:
Domestic air carriers.
Sec. 121.651 Takeoff and landing weather minimums: IFR: All
certificate holders.
Sec. 121.652 Landing weather minimums: IFR: All certificate
holders.
Sec. 121.653 [Reserved]
Sec. 121.655 Applicability of reported weather minimums.
Sec. 121.657 Flight altitude rules.
Sec. 121.659 Initial approach altitude: Domestic and
supplemental air carriers and commercial operators.
Sec. 121.661 Initial approach altitude: Flag air carriers.
Sec. 121.663 Responsibility for dispatch release: Domestic and
flag air carriers.
Sec. 121.665 Load manifest.
Sec. 121.667 Flight plan: VFR and IFR: Supplemental air
carriers and commercial operators.
Subpart V--Records and Reports
Sec. 121.681 Applicability.
Sec. 121.683 Crewmember and dispatcher record.
Sec. 121.685 Aircraft record: Flag and domestic air carriers.
Sec. 121.687 Dispatch release: Flag and domestic air carriers.
Sec. 121.689 Flight release form: Supplemental air carriers and
commercial operators.
Sec. 121.691 [Reserved]
Sec. 121.693 Load manifest: Air carriers and commercial
operators.
Sec. 121.695 Disposition of load manifest, dispatch release,
and flight plans: Domestic and flag air carriers.
Sec. 121.697 Disposition of load manifest, flight release, and
flight plans: Supplemental air carriers and commercial
operators.
Secs. 121.698-121.699 [Reserved]
Sec. 121.701 Maintenance log: Aircraft.
Sec. 121.703 Mechanical reliability reports.
Sec. 121.705 Mechanical interruption summary report.
Sec. 121.707 Alteration and repair reports.
Sec. 121.709 Airworthiness release or aircraft log entry.
Sec. 121.711 Communication records: Domestic and flag air
carriers.
Sec. 121.713 Retention of contracts and amendments: Commercial
operator.
Sec. 121.715 In-flight medical emergency reports.
Subpart W--Crewmember Certificate: International
Sec. 121.721 Applicability.
Sec. 121.723 Application and issue.
Appendix A to Part 121--First-Aid Kits and Emergency Medical Kits
Appendix B to Part 121--Airplane Flight Recorder Specification
Appendix C to Part 121--C-46 Nontransport Category Airplanes
Appendix D to Part 121--Criteria for Demonstration of Emergency
Evacuation Procedures Under Sec. 121.291
Appendix E to Part 121--Flight Training Requirements
Appendix F to Part 121--Proficiency Check Requirements
Appendix G to Part 121--Doppler Radar and Inertial Navigation
System (INS): Request for Evaluation; Equipment and Equipment
Installation; Training Program; Equipment Accuracy and
Reliability; Evaluation Program
Appendix H to Part 121--Advanced Simulation Plan
Appendix I to Part 121--Drug Testing Program
Appendix J to Part 121--Alcohol Misuse Prevention Program
SFAR No. 14
Contrary performance provisions of the Civil Air Regulations
notwithstanding, the Administrator may grant performance credit for the use
of standby power on transport category airplanes. Such credit shall be
applicable only to the maximum certificated take-off and landing weights, and
the take-off distance, and the take-off paths, and shall not exceed that
found by the Administrator to result in an over-all level of safety in the
take-off, approach, and landing regimes of flight equivalent to that
prescribed in the regulations under which the airplane was originally
certificated without standby power. (Note: Standby power is power and/or
thrust obtained from rocket engines for a relatively short period and
actuated only in cases of emergency.) The following provisions shall apply:
(1) Take-off; general. The take-off data prescribed in sections (2) and (3)
shall be determined at all weights and altitudes, and at ambient temperatures
if applicable, at which performance credit is to be applied.
(2) Take-off path. (a) The one-engine-inoperative take-off path with
standby power in use shall be determined in accordance with the performance
requirements of the applicable airworthiness regulations.
(b) The one-engine-inoperative take-off path (excluding that portion where
the airplane is on or just above the take-off surface-determined in
accordance with paragraph (a) of this section shall lie above the one/engine-
inoperative take-off path without standby power at the maximum take/off
weight at which all of the applicable airworthiness requirements are met. For
the purpose of this comparison, the flight path shall be considered to extend
to at least a height of 400 feet above the take-off surface.
(c) The take-off path with all engines operating, but without the use of
standby power, shall reflect a conservatively greater over-all level of
performance than the one-engine-inoperative take-off path established in
accordance with paragraph (a) of this section. The aforementioned margin
shall be established by the Administrator to insure safe day-to-day
operations, but in no case shall it be less than 15 percent. The all-engines-
operating take-off path shall be determined by a procedure consistent with
that established in complying with paragraph (a) of this section.
(d) For reciprocating-engine-powered airplanes, the take-off path to be
scheduled in the Airplane Flight Manual shall represent the one-engine-
inoperative take-off path determined in accordance with paragraph (a) of this
section and modified to reflect the procedure (see section (6)) established
by the applicant for flap retraction and attainment of the en route speed.
The scheduled take-off path shall have a positive slope at all points of the
airborne portion and at no point shall it lie above the take-off path
specified in paragraph (a) of this section.
(3) Take-off distance. The take-off distance shall be the horizontal
distance along the one/engine-inoperative take-off to the point where the
airplane attains a height of 50 feet aove the take-off surface for
reciprocating-engine-powered airplanes and a height of 35 feet above the
take-off surface for turbine-powered airplanes.
(4) Maximum certificated take-off weights. The maximum certificated take-
off weights shall be determined at all altitudes, and at ambient temperatures
if applicable, at which performance credit is to be applied and shall not
exceed the weights established in compliance with paragraphs (a) and (b) of
this section.
(a) The conditions of section (2) (b) through (d) shall be met at the
maximum certificated take-off weight.
(b) Without the use of standby power, the airplane shall meet all of the en
route requirements of the applicable airworthiness regulations under which
the airplane was originally certificated. In addition, turbine-powered
airplanes without the use of standby power shall meet the final take-off
climb requirements prescribed in the applicable airworthiness regulations.
(5) Maximum certificated landing weights. (a) The maximum certificated
landing weights (one-engine/inoperative approach and all-engine/operating
landing climb) shall be determined at all altitudes, and at ambient
temperatures if applicable, at which performance credit is to be applied and
shall not exceed that established in compliance with the provisions of
paragraph (b) of this section.
(b) The flight path, with the engines operating at the power and/or thrust
appropriate to the airplane configuration and with standby power in use,
shall lie above the flight path without standby power in use at the maximum
weight at which all of the applicable airworthiness requirements are met. In
addition, the flight paths shall comply with the provisions of paragraphs (i)
and (ii) of this paragraph (b).
(i) The flight paths shall be established without changing the appropriate
airplane configuration.
(ii) The flight paths shall be carried out for a minimum height of 400 feet
above the point where standby power is actuated.
(6) Airplane configuration, speed, and power and/or thrust; general. Any
change in the airplane's configuration, speed, and power and/or thrust shall
be made in accordance with the procedures established by the applicant for
the operation of the airplane in service and shall comply with the provisions
of paragraphs (a) through (c) of this section. In addition, procedures shall
be established for the execution of balked landings and missed approaches.
(a) The Administrator shall find that the procedure can be consistently
executed in service by crews of average skill.
(b) The procedure shall not involve methods or the use of devices which
have not been proven to be safe and reliable.
(c) Allowances shall be made for such time delays in the execution of the
procedures as may be reasonably expected to occur during service.
(7) Installation and operation; standby power. The standby power unit and
its installation shall comply with the provisions of paragraphs (a) and (b)
of this section.
(a) The standby power unit and its installation shall not adversely affect
the safety of the airplane.
(b) The operation of the standby power unit and its control shall have
proven to be safe and reliable.
SUMMARY: In connection with the President's Regulatory Moratorium and Review,
the Department of Transportation has reviewed all its existing regulations.
This review identified numerous regulations that are obsolete, redundant, or
can be reissued as non-regulatory guidance. This document removes these rules
from the Code of Federal Regulations.
DATES: This final rule is effective on December 22, 1992.
1. Definitions. For purposes of this Special Federal Aviation Regulation--
(a) A product is an aircraft, airframe, aircraft engine, propeller, or
appliance;
(b) An article is an airframe, powerplant, propeller, instrument, radio, or
accessory; and
(c) A component is a part of a product or article.
2. General. (a) Contrary provisions of Sec. 121.379(b) of the Federal
Aviation Regulations notwithstanding, the holder of an air carrier operating
or commercial operating certificate, or the holder of an air taxi operating
certificate that operates large aircraft, that has been issued operations
specifications for operations required to be conducted in accordance with 14
CFR part 121, may perform a major repair on a product, as described in Sec.
121.379(a), using technical data that have not been approved by the
Administrator, and approve that product for return to service, if authorized
in accordance with this Special Federal Aviation Regulation.
(b) Contrary provisions of Sec. 127.40(b) of the Federal Aviation
Regulations notwithstanding, the holder of an air carrier operating
certificate that has been issued operations specifications for operations
required to be conducted in accordance with 14 CFR part 127 may perform a
major repair on a product as described in Sec. 127.140(a), using technical
data that have not been approved by the Administrator, and approve that
product for return to service, if authorized in accordance with this Special
Federal Aviation Regulation.
(c) Contrary provisions of Sec. 145.51 of the Federal Aviation Regulations
notwithstanding, the holder of a domestic repair station certificate under 14
CFR part 145 may perform a major repair on an article for which it is rated,
using technical data not approved by the Administrator, and approve that
article for return to service, if authorized in accordance with this Special
Federal Aviation Regulation. If the certificate holder holds a rating limited
to a component of a product or article, the holder may not, by virtue of this
Special Federal Aviation Regulation, approve that product or article for
return to service.
3. Major Repair Data and Return to Service. (a) As referenced in section 2
of this Special Federal Aviation Regulation, a certificate holder may perform
a major repair on a product or article using technical data that have not
been approved by the Administrator, and approve that product or article for
return to service, if the certificate holder--
(1) Has been issued an authorization under, and a procedures manual that
complies with, Special Federal Aviation Regulation No. 36, effective on
January 23, 1994;
(2) Has developed the technical data in accordance with the procedures
manual;
(3) Has developed the technical data specifically for the product or
article being repaired; and
(4) Has accomplished the repair in accordance with the procedures manual
and the procedures approved by the Administrator for the certificate.
(b) For purposes of this section, an authorization holder may develop
technical data to perform a major repair on a product or article and use that
data to repair a subsequent product or article of the same type as long as
the holder--
(1) Evaluates each subsequent repair and the technical data to determine
that performing the subsequent repair with the same data will return the
product or article to its original or properly altered condition, and that
the repaired product or article conforms with applicable airworthiness
requirements; and
(2) Records each evaluation in the records referenced in paragraph (a) of
section 13 of this Special Federal Aviation Regulation.
4. Application. The applicant for an authorization under this Special
Federal Aviation Regulation must submit an application, in writing and signed
by an officer of the applicant, to the FAA Flight Standards District Office
charged with the overall inspection of the applicant's operations under its
certificate. The application must contain--
(a) If the applicant is
(1) The holder of an air carrier operating or commercial operating
certificate, or the holder of an air taxi operating certificate that operates
large aircraft, the--
(i) The applicant's certificate number; and
(ii) The specific product(s) the applicant is authorized to maintain under
its certificate, operations specifications, and maintenance manual; or
(2) The holder of a domestic repair station certificate--
(i) The applicant's certificate number;
(ii) A copy of the applicant's operations specifications; and
(iii) The specific article(s) for which the applicant is rated;
(b) The name, signature, and title of each person for whom authorization to
approve, on behalf of the authorization holder, the use of technical data for
major repairs is requested; and
(c) The qualifications of the applicant's staff that show compliance with
section 5 of this Special Federal Aviation Regulation.
5. Eligibility. (a) To be eligible for an authorization under this Special
Federal Aviation Regulation, the applicant, in addition to having the
authority to repair products or articles must--
(1) Hold an air carrier, commercial, or air taxi operating certificate, and
have been issued operations specifications for operations required to be
conducted in accordance with 14 CFR part 121 or 127, or Sec. 135.2, or hold a
domestic repair station certificate under 14 CFR part 145;
(2) Have an adequate number of sufficiently trained personnel in the United
States to develop data and repair the products that the applicant is
authorized to maintain under its operating certificate or the articles for
which it is rated under its domestic repair station certificate;
(3) Employ, or have available, a staff of engineering personnel that can
determine compliance with the applicable airworthiness requirements of the
Federal Aviation Regulations.
(b) At least one member of the staff required by paragraph (a)(3) of this
section must--
(1) Have a thorough working knowledge of the applicable requirements of the
Federal Aviation Regulations;
(2) Occupy a position on the applicant's staff that has the authority to
establish a repair program that ensures that each repaired product or article
meets the applicable requirements of the Federal Aviation Regulations;
(3) Have at least one year of satisfactory experience in processing
engineering work, in direct contact with the FAA, for type certification or
major repair projects; and
(4) Have at least eight years of aeronautical engineering experience (which
may include the one year of experience in processing engineering work for
type certification or major repair projects).
(c) The holder of an authorization issued under this Special Federal
Aviation Regulation shall notify the Administrator within 48 hours of any
change (including a change of personnel) that could affect the ability of the
holder to meet the requirements of this Special Federal Aviation Regulation.
6. Procedures Manual. (a) A certificate holder may not approve a product or
article for return to service under section 2 of this Special Federal
Aviation Regulation unless the holder----
(1) Has a procedures manual that has been approved by the Administrator as
complying with paragraph (b) of this section; and
(2) Complies with the procedures contained in this procedures manual.
(b) The approved procedures manual must contain--
(1) The procedures for developing and determining the adequacy of technical
data for major repairs;
(2) The identification (names, signatures, and responsibilities) of
officials and of each staff member described in section 5 of this Special
Federal Aviation Regulation who--
(i) Has the authority to make changes in procedures that require a revision
to the procedures manual; and
(ii) Prepares or determines the adequacy of technical data, plans or
conducts tests, and approves, on behalf of the authorization holder, test
results; and
(3) A "log of revisions" page that identifies each revised item, page, and
date of revision, and contains the signature of the person approving the
change for the Administrator.
(c) The holder of an authorization issued under this Special Federal
Aviation Regulation may not approve a product or article for return to
service after a change in staff necessary to meet the requirements of section
5 of this regulation or a change in procedures from those approved under
paragraph (a) of this section, unless that change has been approved by the
FAA and entered in the procedures manual.
7. Duration of Authorization. Each authorization issued under this Special
Federal Aviation Regulation is effective from the date of issuance until
January 23, 1999, unless it is earlier surrendered, suspended, revoked, or
otherwise terminated. Upon termination of such authorization, the terminated
authorization holder must:
(a) Surrender to the FAA all data developed pursuant to Special Federal
Aviation Regulation No. 36; or
(b) Maintain indefinitely all data developed pursuant to Special Federal
Aviation Regulation No. 36, and make that data available to the FAA for
inspection upon request.
8. Transferability. An authorization issued under this Special Federal
Aviation Regulation is not transferable.
9. Inspections. Each holder of an authorization issued under this Special
Federal Aviation Regulation and each applicant for an authorization must
allow the Administrator to inspect its personnel, facilities, products and
articles, and records upon request.
10. Limits of Applicability. An authorization issued under this Special
Federal Aviation Regulation applies only to--
(a) A product that the air carrier, commercial, or air taxi operating
certificate holder is authorized to maintain pursuant to its continuous
airworthiness maintenance program or maintenance manual; or
(b) An article for which the domestic repair station certificate holder is
rated. If the certificate holder is rated for a component of an article, the
holder may not, in accordance with this Special Federal Aviation Regulation,
approve that article for return to service.
11. Additional Authorization Limitations. Each hold of a authorization
issued under this Special Federal Aviation Regulation must comply with any
additional limitations prescribed by the Administrator and made a part of the
authorization.
12. Data Review and Service Experience. If the Administrator finds that a
product or article has been approved for return to service after a major
repair has been performed under this Special Federal Aviation Regulation,
that the product or article may not conform to the applicable airworthiness
requirements or that an unsafe feature or characteristic of the product or
article may exist, and that the nonconformance or unsafe feature or
characteristic may be attributed to the repair performed, the holder of the
authorization, upon notification by the Administrator, shall--
(a) Investigate the matter;
(b) Report to the Administrator the results of the investigation and any
action proposed or taken; and
(c) If notified that an unsafe condition exists, provide within the time
period stated by the Administrator, the information necessary for the FAA to
issue an airworthiness directive under part 39 of the Federal Aviation
Regulations.
13. Current Records. Each holder of an authorization issued under this
Special Federal Aviation Regulation shall maintain, at its facility, current
records containing--
(a) For each product or article for which it has developed and used major
repair data, a technical data file that includes all data and amendments
thereto (including drawings, photographs, specifications, instructions, and
reports) necessary to accomplish the major repair;
(b) A list of products or articles by make, model, manufacturer's serial
number (including specific part numbers and serial numbers of components)
and, if applicable, FAA Technical Standard Order (TSO) or Parts Manufacturer
Approval (PMA) identification, that have been repaired under the
authorization; and
(c) A file of information from all available sources on difficulties
experienced with products and articles repaired under the authorization.
This Special Federal Aviation Regulation terminates January 23, 1999.
SUMMARY: This final rule amends and extends Special Federal Aviation
Regulation (SFAR) No. 36, which provides that authorized repair station and
aircraft operating certificate holders may approve aircraft products or
articles for return to service after accomplishing major repairs using self-
developed repair data that have not been approved by the Federal Aviation
Administration (FAA). Amendments include clarification of the scope of the
SFAR authorization. Extension of the regulation continues to provide, for
those that qualify, an alternative from the requirement to obtain FAA
approval of major repair data on a case-by-case basis, and allows additional
time for the FAA to incorporate the SFAR provisions into the regulations.
DATES: Effective January 23, 1994 and terminates January 23, 1999.
SFAR No. 38-2--Certification and Operating Requirements
Index
Section
1. Applicability.
(a)(1) Certificates.
(a)(2) Certification requirements.
(a)(3) Operating requirements.
(b) Operations conducted under more than one paragraph.
(c) Prohibition against operating without certificate or in violation of
operations specifications.
2. Certificates and foreign air carrier operations specifications.
(a) Air Carrier Operating Certificate.
(b) Operating Certificate.
(c) Foreign air carrier operations specifications.
3. Operations specifications.
4. Air carriers and those commercial operators engaged in scheduled
intrastate common carriage.
(a)(1) Airplanes, more than 30 seats/7,500 pounds payload, scheduled within
48 States.
(a)(2) Airplanes, more than 30 seats/7,500 pounds payload, scheduled
outside 48 States.
(a)(3) Airplanes, more than 30 seats/7,500 pounds payload, not scheduled
and all cargo.
(b) Airplanes, 30 seats or less/7,500 or less pounds payload.
(c) Rotorcraft, 30 seats or less/7,500 pounds or less payload.
(d) Rotorcraft, more than 30 seats/more than 7,500 pounds payload.
5. Operations conducted by a person who is not engaged in air carrier
operations, but is engaged in passenger operations, cargo operations, or
both, as a commercial operator.
(a) Airplanes, 20 or more seats/6,000 or more pounds payload.
(b) Airplanes, less than 20 seats/Less than 6,000 pounds payload.
(c) Rotorcraft, 30 seats or less/7,500 pounds or less payload.
(d) Rotorcraft, more than 30 seats/more than 7,500 pounds payload.
6. Definitions.
(a) Terms in FAR.
(1) Domestic/flag/supplemental/commuter.
(2) ATCO.
(b) FAR references to:
(1) Domestic air carriers.
(2) Flag air carriers.
(3) Supplemental air carriers
(4) Commuter air carriers.
(c) SFAR terms.
(1) Air carrier.
(2) Commercial operator.
(3) Foreign air carrier.
(4) Scheduled operations.
(5) Size of aircraft.
(6) Maximum payload capacity.
(7) Empty weight.
(8) Maximum zero fuel weight.
(9) Justifiable aircraft equipment.
Contrary provisions of Parts 121, 125, 127, 129, and 135 of the Federal
Aviation Regulations notwithstanding--
1. Applicability.
(a) This Special Federal Aviation Regulation applies to persons conducting
commercial passenger operations, cargo operations, or both, and prescribes--
(1) The types of operating certificates issued by the Federal Aviation
Administration;
(2) The certification requirements an operator must meet in order to obtain
and hold operations specifications for each type of operation conducted and
each class and size of aircraft operated; and
(3) The operating requirements an operator must meet in conducting each
type of operation and in operating each class and size of aircraft authorized
in its operations specifications. A person shall be issued only one
certificate and all operations shall be conducted under that certificate,
regardless of the type of operation or the class or size of aircraft
operated.
A person holding an air carrier operating certificate may not conduct any
operations under the rules of Part 125.
(b) Persons conducting operations under more than one paragraph of this
SFAR shall meet the certification requirements specified in each paragraph
and shall conduct operations in compliance with the requirements of the
Federal Aviation Regulations specified in each paragraph for the operation
conducted under that paragraph.
(c) Except as provided under this SFAR, no person may operate as an air
carrier or as a commercial operator without, or in violation of, a
certificate and operations specifications issued under this SFAR.
2. Certificates and foreign air carrier operations specifications.
(a) Persons authorized to conduct operations as an air carrier will be
issued an Air Carrier Operating Certificate.
(b) Persons who are not authorized to conduct air carrier operations, but
who are authorized to conduct passenger, cargo, or both, operations as a
commercial operator will be issued an Operating Certificate.
(c) FAA certificates are not issued to foreign air carriers. Persons
authorized to conduct operations in the United States as a foreign air
carrier who hold a permit issued under Section 402 of the Federal Aviation
Act of 1958, as amended (49 U.S.C. 1372), or other appropriate economic or
exemption authority issued by the appropriate agency of the United States of
America will be issued operations specifications in accordance with the
requirements of Part 129 and shall conduct their operations within the United
States in accordance with those requirements.
3. Operations specifications.
The operations specifications associated with a certificate issued under
paragraph 2 (a) or (b) and the operations specifications issued under
paragraph 2 (c) of this SFAR will prescribe the authorizations, limitations
and certain procedures under which each type of operation shall be conducted
and each class and size of aircraft shall be operated.
4. Air carriers, and those commercial operators engaged in scheduled
intrastate common carriage.
Each person who conducts operations as an air carrier or as a commercial
operator engaged in scheduled intrastate common carriage of persons or
property for compensation or hire in air commerce with--
(a) Airplanes having a passenger seating configuration of more than 30
seats, excluding any required crewmember seat, or a payload capacity of more
than 7,500 pounds, shall comply with the certification requirements in Part
121, and conduct its--
(1) Scheduled operations within the 48 contiguous states of the United
States and the District of Columbia, including routes that extend outside the
United States that are specifically authorized by the Administrator, with
those airplanes in accordance with the requirements of Part 121 applicable to
domestic air carriers, and shall be issued operations specifications for
those operations in accordance with those requirements.
(2) Scheduled operations to points outside the 48 contiguous states of the
United States and the District of Columbia with those airplanes in accordance
with the requirements of Part 121 applicable to flag air carriers, and shall
be issued operations specifications for those operations in accordance with
those requirements.
(3) All-cargo operations and operations that are not scheduled with those
airplanes in accordance with the requirements of Part 121 applicable to
supplemental air carriers, and shall be issued operations specifications for
those operations in accordance with those requirements; except the
Administrator may authorize those operations to be conducted under paragraph
(4)(a) (1) or (2) of this paragraph.
(b) Airplanes having a maximum passenger seating configuration of 30 seats
or less, excluding any required crewmember seat, and a maximum payload
capacity of 7,500 pounds or less, shall comply with the certification
requirements in Part 135, and conduct its operations with those airplanes in
accordance with the requirements of Part 135, and shall be issued operations
specifications for those operations in accordance with those requirements;
except that the Administrator may authorize a person conducting operations in
transport category airplanes to conduct those operations in accordance with
the requirements of paragraph 4(a) of this paragraph.
(c) Rotorcraft having a maximum passenger seating configuration of 30 seats
or less and a maximum payload capacity of 7,500 pounds or less shall comply
with the certification requirements in Part 135, and conduct its operations
with those aircraft in accordance with the requirements of Part 135, and
shall be issued operations specifications for those operations in accordance
with those requirements.
(d) Rotorcraft having a passenger seating configuration of more than 30
seats or a payload capacity of more than 7,500 pounds shall comply with the
certification requirements in Part 135, and conduct its operations with those
aircraft in accordance with the requirements of Part 135, and shall be issued
special operations specifications for those operations in accordance with
those requirements and this SFAR.
5. Operations conducted by a person who is not engaged in air carrier
operations, but is engaged in passenger operations, cargo operations, or both
as a commercial operator.
Each person, other than a person conducting operations under paragraph 2(c)
or 4 of this SFAR, who conducts operations with--
(a) Airplanes having a passenger seating configuration of 20 or more,
excluding any required crewmember seat, or a maximum payload capacity of
6,000 pounds or more, shall comply with the certification requirements in
Part 125, and conduct its operations with those airplanes in accordance with
the requirements of Part 125, and shall be issued operations specifications
in accordance with those requirements, or shall comply with an appropriate
deviation authority.
(b) Airplanes having a maximum passenger seating configuration of less than
20 seats, excluding any required crewmember seat, and a maximum payload
capacity of less than 6,000 pounds shall comply with the certification
requirements in Part 135, and conduct its operations in those airplanes in
accordance with the requirements of Part 135, and shall be issued operations
specifications in accordance with those requirements.
(c) Rotorcraft having a maximum passenger seating configuration of 30 seats
or less and a maximum payload capacity of 7,500 pounds or less shall comply
with the certification requirements in Part 135, and conduct its operations
in those aircraft in accordance with the requirements of Part 135, and shall
be issued operations specifications for those operations in accordance with
those requirements.
(d) Rotorcraft having a passenger seating configuration of more than 30
seats or a payload capacity of more than 7,500 pounds shall comply with the
certification requirements in Part 135, and conduct its operations with those
aircraft in accordance with the requirements of Part 135, and shall be issued
special operations specifications for those operations in accordance with
those requirements and this SFAR.
6. Definitions.
(a) Wherever in the Federal Aviation Regulations the terms--
(1) "Domestic air carrier operating certificate," "flag air carrier
operating certificate," "supplemental air carrier operating certificate," or
"commuter air carrier" (in the context of Air Carrier Operating Certificate)
appears, it shall be deemed to mean an "Air Carrier Operating Certificate"
issued and maintained under this SFAR.
(2) "ATCO operating certificate" appears, it shall be deemed to mean either
an "Air Carrier Operating Certificate" or "Operating Certificate," as is
appropriate to the context of the regulation. All other references to an
operating certificate shall be deemed to mean an "Operating Certificate"
issued under this SFAR unless the context indicates the reference is to an
Air Carrier Operating Certificate.
(b) Wherever in the Federal Aviation Regulations a regulation applies to--
(1) "Domestic air carriers," it will be deemed to mean a regulation that
applies to scheduled operations solely within the 48 contiguous states of the
United States and the District of Columbia conducted by persons described in
paragraph 4(a)(1) of this SFAR.
(2) "Flag air carriers," it will be deemed to mean a regulation that
applies to scheduled operations to any point outside the 48 contiguous states
of the United States and the District of Columbia conducted by persons
described in paragraph 4(a)(2) of this SFAR.
(3) "Supplemental air carriers," it will be deemed to mean a regulation
that applies to charter and all-cargo operations conducted by persons
described in paragraph 4(a)(3) of this SFAR.
(4) "Commuter air carriers," it will be deemed to mean a regulation that
applies to scheduled passenger carrying operations, with a frequency of
operations of at least five round trips per week on at least one route
between two or more points according to the published flight schedules,
conducted by persons described in paragraph 4 (b) or (c) of this SFAR. This
definition does not apply to Part 93 of this chapter.
(c) For the purpose of this SFAR, the term--
(1) "Air carrier" means a person who meets the definition of an air carrier
as defined in the Federal Aviation Act of 1958, as amended.
(2) "Commercial operator" means a person, other than an air carrier, who
conducts operations in air commerce carrying persons or property for
compensation or hire.
(3) "Foreign air carrier" means any person other than a citizen of the
United States, who undertakes, whether directly or indirectly or by lease or
any other arrangement, to engage in foreign air transportation.
(4) "Schedule operations" means operations that are conducted in accordance
with a published schedule for passenger operations which includes dates or
times (or both) that is openly advertised or otherwise made readily available
to the general public.
(5) "Size of aircraft" means an aircraft's size as determined by its
seating configuration or payload capacity, or both.
(6) "Maximum payload capacity" means:
(i) For an aircraft for which a maximum zero fuel weight is prescribed in
FAA technical specifications, the maximum zero fuel weight, less empty
weight, less all justifiable aircraft equipment, and less the operating load
(consisting of minimum flight crew, foods and beverages, and supplies and
equipment related to foods and beverages, but not including disposable fuel
or oil).
(ii) For all other aircraft, the maximum certificated takeoff weight of an
aircraft, less the empty weight, less all justifiable aircraft equipment, and
less the operating load (consisting of minimum fuel load, oil, and
flightcrew). The allowance for the weight of the crew, oil, and fuel is as
follows:
(A) Crew--200 pounds for each crewmember required by the Federal Aviation
Regulations.
(B) Oil--350 pounds.
(C) Fuel--the minimum weight of fuel required by the applicable Federal
Aviation Regulations for a flight between domestic points 174 nautical miles
apart under VFR weather conditions that does not involve extended overwater
operations.
(7) "Empty weight" means the weight of the airframe, engines, propellers,
rotors, and fixed equipment. Empty weight excludes the weight of the crew and
payload, but includes the weight of all fixed ballast, unusable fuel supply,
undrainable oil, total quantity of engine coolant, and total quantity of
hydraulic fluid.
(8) "Maximum zero fuel weight" means the maximum permissible weight of an
aircraft with no disposable fuel or oil. The zero fuel weight figure may be
found in either the aircraft type certificate data sheet, or the approved
Aircraft Flight Manual, or both.
(9) "Justifiable aircraft equipment" means any equipment necessary for the
operation of the aircraft. It does not include equipment or ballast
specifically installed, permanently or otherwise, for the purpose of altering
the empty weight of an aircraft to meet the maximum payload capacity.
This Special Federal Aviation Regulation No. 38-2 terminates June 1, 1995,
or the effective date of the codification of SFAR 38-2 into the Federal
Aviation Regulations, whichever occurs first.
[Doc. No. 18510, 50 FR 23944, June 7, 1985, as amended by SFAR 38-3, 51 FR
17275, May 9, 1986; SFAR 38-4, 52 FR 28939, Aug. 4, 1987; SFAR 38-5, 54 FR
23865, June 2, 1989; SFAR 38-6, 55 FR 23047, June 5, 1990; SFAR 38-7, 56 FR
25451, June 4, 1991; 57 FR 23923, June 4, 1992; SFAR 38-8, 58 FR 34515,
June 25, 1993]
SUMMARY: This amendment establishes a new termination date for Special
Federal Aviation Regulation (SFAR) No. 38-2 (50 FR 23941; June 7, 1985),
which contains the certification and operating requirements for persons
conducting commercial passenger or cargo operations. The FAA stated in
previous extensions of SFAR 38-2 that it was necessary to establish a new
termination date for SFAR 38-2 to allow time for the FAA to complete the
rulemaking process that will consolidate the rules regarding certification
and operating requirements and incorporate SFAR 38-2 into the Federal
Aviation Regulations (FAR). The current termination date for SFAR 38-2 is
June 1, 1993. Because the FAA has not completed that rulemaking process, an
extension of the termination date is necessary. SFAR 38-2 is extended to
ensure that the FAA has adequate time to complete the consolidation of the
rules regarding certification and operating requirements. However, if a final
rule, which consolidates those rules, is issued before the new termination
date, the FAA intends to publish a notice rescinding SFAR 38-2 concurrently
with the publication of the final rule in the Federal Register.
Editorial Note: For the text of SFAR No. 41, see Part 91 of this chapter.
SFAR No. 52
Editorial Note: For the text of SFAR No. 52, see Part 135 of this chapter.
Subpart A--General
Sec. 121.1 Applicability.
(a) Except as prescribed in paragraph (b) of this section, this part
prescribes rules governing the certification and operations of the following:
(1) Each air carrier engaging in interstate or overseas air transportation
under a certificate of public convenience and necessity or other appropriate
economic authority issued by the CAB.
(2) Each air carrier engaging in foreign air transportation under a
certificate of public convenience and necessity or other appropriate economic
authority issued by the CAB.
(3) Each air carrier covered by paragraph (a) (1) or (2) of this section
when engaging in charter flights or other special service operations.
(4) Each supplemental air carrier when it engages in the carriage of
persons or property in air commerce for compensation or hire.
(5) Each commercial operator when it engages in the carriage of persons or
property in air commerce for compensation or hire--
(i) With large aircraft other than airplanes; or
(ii) As a common carrier solely between places entirely within any state of
the United States, with airplanes having a seating capacity of more than 30
passengers or a maximum payload capacity of more than 7,500 pounds.
(6) Each air carrier when it engages in all-cargo air service under a
certificate issued by the CAB under section 418 of the Federal Aviation Act
of 1958.
(b) This part does not apply to operations conducted under Part 127, 133,
or 135 of this chapter, or emergency mail service conducted under section
405(h) of the Federal Aviation Act of 1958.
(c) In addition, this part prescribes rules governing--
(1) Each person employed or used by an air carrier or commercial operator
in operations under this part, including the maintenance, preventive
maintenance and alteration of aircraft; and
(2) Each person who applies for provisional approval of an Advanced
Qualification Program curriculum, curriculum segment, or portion of a
curriculum segment under SFAR No. 58 and each person employed or used by an
air carrier or commercial operator under this part to perform training,
qualification, or evaluation functions under an Advanced Qualification
Program under SFAR No. 58; and
(3) Each person who is on board an aircraft being operated under this part.
(d) For the purpose of this part, "passenger-carrying airplane" or
"passenger-carrying operation" means one carrying any person other than a
person listed in Sec. 121.583.
(e) For the purpose of this part, "passenger-carrying aircraft" or
"passenger-carrying operation" means one carrying any person other than a
flight crewmember or other crewmember, company employee, authorized
government representative, or person accompanying a shipment.
(f) This part does not apply to operations conducted under Sec. 91.321.
SUMMARY: This Special Federal Aviation Regulation (SFAR) establishes a
voluntary, alternative method for the training, evaluation, certification,
and qualification requirements of flight crewmembers, flight attendants,
aircraft dispatchers, instructors, evaluators and other operations personnel
subject to the training and qualification requirements of 14 CFR parts 121
and 135. The FAA has developed this alternative method in response to
recommendations made by representatives from the government, airlines,
aircrew professional organizations, and airline industry organizations. The
SFAR is designed to improve aircrew performance and allows certificate
holders that are subject to the training requirements of parts 121 and 135 to
develop innovative training programs that incorporate the most recent
advances in training methods and techniques.
(a) Except as provided in paragraphs (b) and (h) of this section, no person
may engage in scheduled interstate air transportation within the 48
contiguous States or the District of Columbia without, or in violation of, a
domestic air carrier operating certificate and appropriate operations
specifications issued under this part. An air carrier holding such a
certificate is hereafter in this part referred to as a "domestic air
carrier".
(b) The Administrator may authorize any air carrier holding authority to
engage in scheduled cargo operations under Title IV of the Federal Aviation
Act to conduct those operations under the certification and operation rules
applicable to carriers covered by paragraph (e) of this section.
(c) Except as provided in paragraphs (d) and (h) of this section, no person
may engage in scheduled air transportation, other than that described in
paragraph (a) of this section, without, or in violation of, a flag air
carrier operating certificate and appropriate operations specifications
issued under this part. An air carrier holding such a certificate is
hereafter in this part referred to as a "flag air carrier".
(d) A domestic air carrier may, in the case of segments of routes extending
outside the 48 contiguous States and the District of Columbia, be authorized
to conduct operations over those route segments under the domestic air
carrier certification and operation rules.
(e) No person may engage in air transportation (other than that described
in paragraph (a), (c), or (h) of this section) without, or in violation of, a
supplemental air carrier operating certificate and appropriate operations
specifications issued under this part. An air carrier holding a supplemental
air carrier certificate is hereafter in this part referred to as a
"supplemental air carrier".
(f) No person (except a person covered by paragraph (a), (b), (c), (d), or
(e) of this section) may engage in the carriage of persons or property for
compensation or hire in air commerce without, or in violation of a commercial
operator operating certificate and appropriate operations specifications
issued under this part.
(g) A domestic or flag air carrier or an air carrier holding a certificate
under Part 127 is not eligible for or required to obtain a separate
certificate for operations under paragraph (e) or (f) of this section, but
must obtain authority to conduct those operations by appropriate amendments
to its operations specifications.
(h) No person may engage in air transportation under the authority of an
all-cargo air service certificate issued by the CAB under section 418 of the
Federal Aviation Act of 1958, unless that person complies with the
certification and operating rules of this part applicable to supplemental air
carriers, except Sec. 121.590. However, the Administrator may issue
operations specifications for those operations and allow or require a
certificate holder to comply with operating rules prescribed for domestic or
flag air carriers, in lieu of the supplemental air carrier operating rules,
if he determines that safety in air commerce requires or allows their
issuance. The holder of a domestic, flag or supplemental air carrier
certificate issued under this part or an air carrier certificate issued under
Part 127 of this chapter need not obtain, and is not eligible for, an all-
cargo air carrier certificate issued under this part. Those certificate
holders are issued appropriate operations specifications.
(i) No holder of an air carrier operating certificate may operate or list
on any required listing of its aircraft any aircraft listed on any operations
specifications issued under Part 125 of this chapter.
[Doc. No. 6258, 29 FR 19190, Dec. 31, 1964, as amended by Amdt. 121-3, 30 FR
3638, Mar. 19, 1965; Amdt. 121-139, 43 FR 1790, Jan. 12, 1978; Amdt. 121-144,
43 FR 22646, May 25, 1978; Amdt. 121-192, 52 FR 20028, May 28, 1987]
Sec. 121.4 Applicability of rules to unauthorized operators.
The rules in this part which refer to a person certificated under Sec.
121.3 apply also to any person who engages in an operation governed by this
part without the appropriate certificate and operations specifications
required by Sec. 121.3.
Sec. 121.5 Charter flights or other special service operation: Flag and
domestic air carriers.
Each flag or domestic air carrier, or air carrier holding an operating
certificate under Part 127 shall conduct the following operations under the
rules of this part applicable to supplemental air carriers and commercial
operators:
(a) Any charter flight or other special service conducted over routes into
airports listed in its operations specifications, unless the air carrier
obtains authority from the Administrator to conduct those operations under
the rules that would otherwise apply to that air carrier's operations.
(b) Any charter flight or other special service that involves, in whole or
in part, off-route operations.
[Doc. No. 6258, 29 FR 19190, Dec. 31, 1964]
Sec. 121.6 Leasing of aircraft.
(a) Prior to conducting operations, each certificate holder must provide
the Administrator a copy or a written memorandum of the terms of any leasing
arrangement whereby that certificate holder agrees to provide a large
aircraft and at least a pilot flight crewmember to another person
certificated under this Part 121, and 123, or 135 of the Federal Aviation
Regulations or engaged in the operation of a foreign air carrier or other
foreign airline.
(b) Upon receiving a copy of an agreement, or a written memorandum of the
terms thereof, the Administrator determines which party to the agreement is
conducting the operation and issues an amendment to the certificate holder's
operations specifications containing the following:
(1) The names of the parties to the agreement and the duration thereof.
(2) The nationality and registration numbers of each aircraft involved in
the agreement.
(3) The type of operation (e.g. scheduled, passenger, etc.).
(4) The areas of operation.
(5) The regulations of this chapter applicable to the operation.
(6) A statement of the economic authority, if available.
(c) In making a determination under paragraph (b) of this section, the
Administrator considers the responsibility under the agreement for the
following:
(1) Crewmembers and training.
(2) Airworthiness and performance of maintenance.
(3) Dispatch.
(4) Servicing the aircraft.
(5) Scheduling.
(6) Any other factor the Administrator considers relevant.
[Amdt. 121-70, 35 FR 17038, Nov. 5, 1970, as amended by Amdt. 121-95, 37 FR
18716, Sept. 15, 1972]
Sec. 121.7 Common carriage by commercial operator.
An applicant for a commercial operator certificate, or a commercial
operator, who carries or intends to carry passengers for compensation or hire
as a common carrier between two points entirely within any State with the
frequency set forth in paragraph (a) or (b) of this section shall show that
it is able to, and will conduct, those operations under the rules applicable
to domestic air carriers or any other rules that the Administrator finds to
be necessary to provide an appropriate level of safety for the operation:
(a) Two flights, or one round trip a week on the same day or days of the
week for eight or more weeks in any 90 consecutive days.
(b) A total of 36 or more flights or 18 or more round trips in any 90
consecutive days.
[Doc. No. 6258, 29 FR 19190, Dec. 31, 1964, as amended by Amdt. 121-131, 41
FR 53777, Dec. 9, 1976]
Sec. 121.9 Operations of airplanes having a maximum passenger seating
configuration of 30 seats or less and a maximum payload capacity of 7,500
pounds or less.
No person may conduct operations with an airplane having a maximum
passenger seating configuration, excluding any pilot seat, of 30 seats or
less and a maximum payload capacity of 7,500 pounds or less, unless those
operations are conducted under Part 135 of this chapter, except Secs. 135.5,
135.17, 135.27, 135.29, 135.31, 135.35, 135.37, and 135.39, and appropriate
operations specifications in place of Subparts E through V of this part.
However, the holder of an air carrier operating certificate issued under this
part may maintain its airplanes operated under Part 135 of this chapter under
a continuous airworthiness maintenance program that meets Subpart L of this
part and operations specifications issued to it under this part. Operations
specifications issued under this section contain the operating limitations
and requirements that the Administrator finds necessary.
[Amdt. 121-147, 43 FR 46782, Oct. 10, 1978, as amended at 44 FR 26737, May 7,
1979]
Sec. 121.11 Rules applicable to operations in a foreign country.
Each certificate holder shall, while operating an airplane within a foreign
country, comply with the air traffic rules of the country concerned and the
local airport rules, except where any rule of this part is more restrictive
and may be followed without violating the rules of that country.
[Amdt. 121-143, 43 FR 22641, May 25, 1978]
Sec. 121.13 Rules applicable to helicopter operations: deviation authority.
(a) Each person operating a helicopter under this part shall comply with
Secs. 121.5, 121.11, 121.15, Subpart C (except holders of certificates under
Part 127), Subpart F (except holders of certificates under Part 127), Subpart
G, Secs. 121.153, 121.155, 121.157(e), 121.163, 121.315, Subpart L, Secs.
121.383, 121.385, 121.433, 121.435, 121.437, 121.501, 121.533 through
121.563, 121.567, 121.575, 121.586, 121.597, 121.599, 121.603, 121.609,
121.611 through 121.617, 121.623 through 121.631, 121.647, 121.653, 121.655,
121.657, 121.659, 121.665, 121.667, and Subpart V.
(b) In addition to the rules of this part listed in paragraph (a) of this
section, each person operating a helicopter shall comply with Secs. 127.81,
127.83, 127.91, 127.93, 127.101 through 127.117, 127.119, 127.121, 127.123,
127.125, 127.127, 127.145, 127.151 through 127.161, 127.171 through 127.177,
127.231 through 127.261, and 127.301 through 127.319.
(c) The Administrator may issue operations specifications authorizing a
deviation from any specific requirement for helicopter operations if he finds
that the deviation provides a substantially equivalent standard of safety.
(d) Upon application the Administrator may issue operations specifications
to a certificate holder, authorizing it to conduct operations other than
scheduled operations with helicopters having a maximum passenger seating
configuration, excluding any pilot seat, of 30 seats or less and a maximum
payload capacity of 7,500 pounds or less under Part 135 of this chapter if he
finds that safety in air commerce and the public interest allow it.
Operations specifications issued under this paragraph contain such operating
limitations and requirements as the Administrator finds necessary.
Sec. 121.15 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
If the holder of a certificate issued under this part permits any aircraft
owned or leased by that holder to be engaged in any operation that the
certificate holder knows to be in violation of Sec. 91.19(a) of this chapter,
that operation is a basis for suspending or revoking the certificate.
[Amdt. 121-50, 34 FR 13923, Aug. 30, 1969, as amended by Amdt. 121-78, 36 FR
17495, Sept. 1, 1971; Amdt. 121-206, 54 FR 34331, Aug. 18, 1989]
Effective Date Note: At 54 FR 34331, August 18, 1989, Sec. 121.15 was
amended by changing the cross reference "Sec. 91.12(a)" to read "Sec.
91.19(a)", effective August 18, 1990.
Subpart B--Certification Rules for Domestic and Flag Air Carriers
This subpart prescribes certification rules for domestic air carriers and
flag air carriers.
Sec. 121.23 Operations specifications not a part of certificate.
Except for those operations specifications specifying airport and route or
route segment authorizations, air carrier operations specifications are not a
part of an air carrier's operating certificate.
Sec. 121.25 Contents of certificate and operations specifications.
(a) Each domestic and flag air carrier operating certificate contains the
following:
(1) The air carrier's name.
(2) The airports to and from which it may operate.
(3) The approved routes over which it may operate.
These airports and routes are incorporated into the air carrier operating
certificate by reference to the authorized airports and approved routes
listed in that air carrier's operations specifications.
(b) Each air carrier's operations specifications contain the following:
(1) The kinds of operations authorized.
(2) The types of airplanes authorized for use.
(3) En route authorizations and limitations.
(4) Airport authorizations.
(5) Airport limitations.
(6) Time limitations, or standards for determining time limitations, for
overhauls, inspections, and checks of airframes, engines, propellers,
appliances and emergency equipment.
(7) Procedures for control of weight and balance of airplanes.
(8) Interline equipment interchange requirements, if relevant.
(9) Any other item that the Administrator determines is necessary to cover
a particular situation.
[Doc. No. 6258, 29 FR 19191, Dec. 31, 1964, as amended by Amdt. 121-106, 38
FR 22377, Aug. 20, 1973]
Sec. 121.26 Application for domestic or flag air carrier operator
certificates.
Each application for a domestic or flag air carrier operating certificate
shall be made in the form and manner and contain information prescribed by
the Administrator. Each applicant must submit his application at least 60
days before the date of intended operation.
[Amdt. 121-143, 43 FR 22641, May 25, 1978]
Sec. 121.27 Issue of certificate.
(a) An applicant under this subpart is entitled to an operating certificate
if--
(1) He holds a certificate of public convenience and necessity or other
appropriate economic authority issued by the Civil Aeronautics Board; and
(2) The Administrator, after investigation, finds that the applicant is
properly and adequately equipped and able to conduct a safe operation in
accordance with this part and operations specifications issued under this
part.
(b) In the case of operations conducted under a temporary authorization
issued by the Civil Aeronautics Board, the Administrator issues operations
specifications prescribing appropriate requirements that deviate from the
requirements of this part whenever, after investigation, he finds that
general standards of safety for such an operation require or allow a
deviation from such a requirement for a particular operation or class of
operations for which an application for an air carrier operating certificate
has been made.
(c) Whenever, after investigation, the Administrator determines that the
general standards of safety for flag air carrier operations conducted--
(1) Between points in Alaska; or
(2) Under a temporary authorization issued by the Civil Aeronautics Board;
require or allow a deviation from any requirement of this part for a
particular operation or class of operations for which an application for an
air carrier operating certificate has been made, he issues operations
specifications prescribing appropriate requirements that deviate from the
requirements of this part.
[Doc. No. 6258, 29 FR 19191, Dec. 31, 1964, as amended by Amdt. 121-54, 34 FR
19134, Dec. 3, 1969]
Sec. 121.29 Duration of certificate.
(a) An air carrier operating certificate issued under this subpart is
effective until termination of the certificate of public convenience and
necessity or other economic authority issued by the Civil Aeronautics Board
to the air carrier or until it is surrendered or the Administrator suspends,
revokes, or otherwise terminates it.
(b) If the Administrator suspends or revokes such an air carrier operating
certificate, the holder of that certificate shall return it to the
Administrator.
Subpart C--Certification Rules for Supplemental Air Carriers and Commercial
Operators
This subpart prescribes certification rules for supplemental air carriers
and commercial operators.
Sec. 121.43 Operations specifications not a part of certificate.
Operations specifications are not a part of a supplemental air carrier or
commercial operator operating certificate.
Sec. 121.45 Contents of certificate and operations specifications.
(a) Each certificate issued under this subpart contains the following:
(1) The holder's name.
(2) A description of the operations authorized.
(3) The date it is issued.
(4) The date it terminates in a commercial operator operating certificate.
(b) The operations specifications issued under this subpart contain the
following:
(1) The kinds of operations authorized.
(2) The types and registration numbers of aircraft authorized for use.
(3) En route authorizations and limitations, including areas of operation.
(4) Special airport authorizations.
(5) Special airport limitations.
(6) Time limitations, or standards for determining time limitations, for
overhauls, inspections, and checks of airframes, aircraft engines,
propellers, appliances and emergency equipment.
(7) Procedures for control of weight and balance of aircraft.
(8) Any other item that the Administrator determines is necessary to cover
a particular situation.
[Doc. No. 6258, 29 FR 19192, Dec. 31, 1964, as amended by Amdt. 121-27, 32 FR
6272 Apr. 21, 1967; Amdt. 121-106, 38 FR 22377, Aug. 20, 1973]
Sec. 121.47 Application for supplemental air carrier and commercial
operator certificates.
(a) Each applicant for the original issue of a supplemental air carrier
operating certificate or for the original issue or renewal of a commercial
operator operating certificate must submit his application in a form and
manner prescribed by the Administrator to the FAA Flight Standards District
Office in whose area the applicant proposes to establish or has established
his principal operations base. Each applicant must submit an application at
least 60 days before the date of intended operations (in the case of an
original application) or 60 days before the date the certificate terminates
(in the case of a renewal application).
(b) Each application submitted under paragraph (a) of this section must
contain a signed statement showing the following:
(1) For corporate applicants:
(i) The name and address of each stockholder who owns five percent or more
of the total voting stock of the corporation, and if that stockholder is not
the sole beneficial owner of the stock, the name and address of each
beneficial owner. An individual is considered to own the stock owned,
directly or indirectly, by or for his spouse, his children, his
grandchildren, or his parents.
(ii) The name and address of each director and each officer, and each
person employed or who will be employed in a management position described in
Sec. 121.59.
(iii) The name and address of each person directly or indirectly
controlling or controlled by the applicant, and each person under direct or
indirect control with the applicant.
(2) For non-corporate applicants:
(i) The name and address of each person having a financial interest therein
and the nature and extent of that interest.
(ii) The name and address of each person employed or who will be employed
in a management position described in Sec. 121.59.
(c) In addition, each applicant for the original issue or renewal of a
commercial operator certificate must submit with the application a signed
statement showing--
(1) The financial information listed in Sec. 121.49; and
(2) The nature and scope of its intended operation, including the name and
address of each person, if any, with whom the applicant has a contract to
provide services as a commercial operator and the scope, nature, date, and
duration of each of those contracts.
(d) Each applicant for, or holder of, a certificate issued under this
subpart, shall notify the Administrator within 10 days after--
(1) A change in any of the persons, or the names and addresses of any of
the persons, submitted to the Administrator under paragraph (b) (1) or (2) of
this section; or
(2) A change in the financial information submitted to the Administrator
under Sec. 121.49 that occurs while the application for the issue or renewal
is pending before the FAA and that would make the applicant's financial
situation substantially less favorable than originally reported.
Sec. 121.48 Commercial operator: Financial statement preparation and
certification.
Each financial statement containing financial information required by Secs.
121.49 and 121.55 must be based on accounts prepared and maintained on an
accrual basis in accordance with generally accepted accounting principles
applied on a consistent basis, and must contain the name and address of the
applicant's public accounting firm, if any. Information submitted must be
signed by an officer, owner, or partner of the applicant or certificate
holder.
[Amdt. 121-62, 35 FR 7642, May 16, 1970]
Sec. 121.49 Commercial operator: Financial information required for
original issue or renewal.
Each applicant for the original issue or renewal of a commercial operator
certificate must submit the following financial information:
(a) A balance sheet that shows assets, liabilities, and net worth, as of a
date not more than 60 days before the date of application.
(b) In the case of an application for renewal, the most recent profit and
loss statement required to be submitted under Sec. 121.55. Also, if the
application for renewal is filed more than 60 days after the date of the
applicant's most recent profit and loss statement submitted under Sec.
121.55, the applicant must submit a supplementary profit and loss statement
covering the period from the date of the most recent statement to a date not
more than 60 days before the date of application for renewal. The applicant
shall submit a list of each contract that gave rise to operating income on
the supplementary profit and loss statement, including the names and
addresses of the contracting parties and the nature, scope, date, and
duration of each contract.
(c) An itemization of liabilities more than 60 days past due on the balance
sheet date, if any, showing each creditor's name and address, a description
of the liability, and the amount and due date of the liability.
(d) An itemization of claims in litigation, if any, against the applicant
as of the date of application showing each claimant's name and address and a
description and the amount of the claim.
(e) In the case of an application for original issue, a detailed projection
of the proposed operation covering 6 complete months after the month in which
the certificate is expected to be issued including--
(1) Estimated amount and source of both operating and nonoperating revenue,
including identification of its existing and anticipated income producing
contracts and estimated revenue per mile or hour of operation by aircraft
type;
(2) Estimated amount of operating and nonoperating expenses by expense
objective classification; and
(3) Estimated net profit or loss for the period.
(f) An estimate of the cash that will be needed for the proposed operations
during the first 6 months after the month in which the certificate is
expected to be issued, including--
(1) Acquisition of property and equipment (explain);
(2) Retirement of debt (explain);
(3) Additional working capital (explain);
(4) Operating losses other than depreciation and amortization (explain);
and
(5) Other (explain).
(g) An estimate of the cash that will be available during the first 6
months after the month in which the certificate is expected to be issued,
from--
(1) Sale of property or flight equipment (explain);
(2) New debt (explain);
(3) New equity (explain);
(4) Working capital reduction (explain);
(5) Operations (profits) (explain);
(6) Depreciation and amortization (explain); and
(7) Other (explain).
(h) A schedule of insurance coverage in effect on the balance sheet date
showing insurance companies; policy numbers; types, amounts, and periods of
coverage; and special conditions, exclusions, and limitations.
(i) Any other financial information that the Administrator requires to
enable him to determine that the applicant has sufficient financial resources
to conduct his operations with the degree of safety required in the public
interest.
[Amdt. 121-62, 35 FR 7642, May 16, 1970]
Sec. 121.51 Issue of certificate.
(a) An applicant for a certificate under this subpart is entitled to the
certificate if he is a citizen of the United States and the Administrator,
after investigation (including any necessary verification of financial and
other information submitted) finds that the applicant--
(1) Holds the economic authority required by the Civil Aeronautics Board,
if any;
(2) Is not disqualified under paragraph (b) of this section; and
(3) Is properly and adequately equipped and able to conduct a safe
operation in accordance with the requirements of this part and the operations
specifications provided for in this part.
(b) The Administrator may deny an application for a certificate under this
subpart if he finds--
(1) That an air carrier or commercial operator certificate previously
issued to the applicant was revoked;
(2) That a person who was employed in a management position similar to any
listed under Sec. 121.59 with (or has exercised control with respect to) any
air carrier or commercial operator whose operating certificate has been
revoked, will be employed in any of those positions or a similar position (or
will be in control of or have a substantial ownership interest in the
applicant), and that the person's employment or control contributed
materially to the reasons for revoking that certificate; or
(3) In the case of an applicant for a commercial operator certificate, that
for financial reasons the applicant is not able to conduct a safe operation.
Sec. 121.53 Duration of certificate.
(a) A supplemental air carrier operating certificate issued under this
subpart is effective until termination of the certificate of public
convenience and necessity or other economic authority issued by the Civil
Aeronautics Board to the air carrier or until it is surrendered or the
Administrator suspends, revokes, or otherwise terminates it.
(b) A commercial operator operating certificate is effective for 1 year.
However, a certificate issued to an applicant who has held operating
certificates continuously for at least 4 years immediately preceding the date
of issuance, is issued without a specific expiration date.
(c) The Administrator may suspend or revoke a certificate under section 609
of the Federal Aviation Act of 1958 and the applicable procedures of Part 13
of this chapter for any cause that, at the time of suspension or revocation,
would have been grounds for denying an application for a certificate.
(d) Any certificate issued under this subpart ceases to be effective if it
is surrendered, suspended, or revoked.
(e) If the Administrator suspends or revokes a certificate or it is
otherwise terminated, the holder of that certificate shall return it to the
Administrator.
(f) Each operating certificate with commercial operator authority for the
operations of airplanes issued under this part and in effect February 2, 1981
terminates January 1, 1983, unless the certificate holder applies to:
(1) Conduct its operations in accordance with the air carrier rules of Part
121; or
(2) Conduct common carriage operations solely between points entirely
within any state of the United States using airplanes having a seating
capacity of more than 30 passengers or a maximum payload capacity of more
than 7,500 pounds.
If the certificate holder makes timely application in accordance with this
paragraph, a certificate continues in effect until final FAA action is taken
on the application.
[Amdt. 121-62, 35 FR 7643, May 16, 1970, as amended by Amdt. 121-164, 45 FR
67235, Oct. 9, 1980; Amdt. 121-169A, 46 FR 10903, Feb. 5, 1981]
Sec. 121.55 Commercial operator: Periodic financial reports.
Each holder of a commercial operator operating certificate shall submit a
financial report for the first 6 months of each fiscal year and another
financial report for each complete fiscal year. If a commercial operator
operating certificate is suspended for more than 29 days, the certificate
holder shall submit a financial report as of the last day of the month in
which the suspension is terminated. The report required to be submitted by
this section shall be submitted within 60 days of the last day of the period
covered by the report and must include--
(a) A balance sheet that shows assets liabilities, and net worth on the
last day of the reporting period;
(b) The information required by Sec. 121.49 (c), (h), and (i);
(c) An itemization of claims in litigation against the applicant, if any,
as of the last day of the period covered by the report;
(d) A profit and loss statement with separation of items relating to
applicant's commercial operator activities from his other business
activities, if any; and
(e) A list of each contract that gave rise to operating income on the
profit and loss statement, including the names and addresses of the
contracting parties and the nature, scope, date, and duration of each
contract.
[Amdt. 121-62, 35 FR 7643, May 16, 1970, as amended by Amdt. 121-130, 41 FR
47229, Oct. 28, 1976]
Sec. 121.57 Obtaining waivers and authority for deviations.
(a) The Administrator may, upon application by the supplemental air carrier
or commercial operator, authorize deviations from the applicable requirements
of this part, by an appropriate amendment to the operations specifications,
for military contract or for emergency operations. The Administrator may, at
any time, terminate any grant of deviation authority or waiver issued under
this section. Each supplemental air carrier and commercial operator
authorized deviations under this section shall comply with the terms of the
authorization when conducting operations affected thereby.
(b) If, in the case of military contracts, the Department of Defense
certifies to the Administrator that an operation is essential to the national
defense and requires a requested deviation, and the Administrator finds that
the deviation is not based on an economic advantage or convenience to the air
carrier or commercial operator or the United States, the Administrator may
authorize deviations for--
(1) Operations conducted under a contract with an armed force as the
primary contractor; or
(2) Operations conducted for an armed force under a subcontract with a
primary contractor.
(c) In emergency conditions the Administrator may authorize deviations for
operations if those conditions necessitate the transportation of persons or
supplies for the protection of life or property, and he finds that a
deviation is necessary for the expeditious conduct of the operation.
(d) The Administrator may, by an appropriate amendment to the operations
specifications, waive, in whole or in part, submission of the financial
information required from a commercial operator in a renewal application or
supplemental periodic financial report if--
(1) Application for the waiver is filed at least 30 days before the
information is due; and
(2) The Administrator finds that the submission is not required in the
public interest, based on information as to the operator's--
(i) Financial standing;
(ii) Management; and
(iii) Kind of operations.
The filing of an application for a waiver under this paragraph does not
automatically extend the time for submitting the required information.
Sec. 121.59 Management personnel required.
(a) Each applicant for a certificate under this subpart must show that it
has enough qualified management personnel to provide the highest degree of
safety in its operations and that those personnel are employed on a full-time
basis in the following or equivalent positions:
(1) General manager.
(2) Director of operations (who may be the general manager if qualified).
(3) Director of maintenance.
(4) Chief pilot.
(5) Chief inspector.
(b) Upon application by the supplemental air carrier or commercial operator
the Administrator may approve different positions or numbers of positions
than those listed in paragraph (a) of this section for a particular operation
if the air carrier or commercial operator shows that it can perform the
operation with the highest degree of safety under the direction of fewer or
different categories of management personnel due to--
(1) The kind of operation involved;
(2) The number and type of aircraft used; and
(3) The area of operations.
The title and number of positions so approved are set forth in the operations
specifications of the air carrier or commercial operator.
(c) Each supplemental air carrier and commercial operator shall--
(1) Set forth the duties, responsibilities, and authority, of the personnel
required by this section, in the general policy section of the air carrier
manual or commercial operator manual;
(2) List in the manual the names and addresses of the persons assigned to
those positions; and
(3) Within at least 10 days, notify the FAA Flight Standards District
Office charged with the overall inspection of the air carrier or commercial
operator, of any change made in the assignment of persons to the listed
positions.
(a) No person may serve as director of operations unless he knows the
contents of the air carrier's or commercial operator's operations manual and
operations specifications, and the provisions of this part necessary to the
proper performance of his duties and--
(1) Holds, or has held, an airline transport pilot certificate and has had
at least three years of experience as pilot in command of a large aircraft;
or
(2) Has had at least three years of experience as director of operations,
of an operation using large aircraft, or a position of comparable
responsibility.
(b) No person may serve as chief pilot unless that person--
(1) Holds a current airline transport pilot certificate with appropriate
ratings for at least one of the type of aircraft used;
(2) Has had at least 3 years of experience as pilot in command of a large
aircraft with an air carrier or commercial operator. However, the
administrator may grant a deviation from the requirement of this subparagraph
if he finds that the person has had equivalent aeronautical experience; and
(3) Knows the contents of the air carrier's or commercial operator's manual
and operations specifications, and the provisions of this part necessary to
the proper performance of his duties.
(c) No person may serve as director of maintenance unless he--
(1) Holds a current mechanic certificate with either an airframe or
powerplant rating, and has had at least five years of experience in the
maintenance of large aircraft, one year of which must have been in a
supervisory capacity; and
(2) Knows the maintenance parts of the air carrier's or commercial
operator's manual and operations specifications and the applicable
maintenance provisions of this part.
(d) No person may serve as chief inspector unless he--
(1) Holds a current mechanic certificate with both airframe and powerplant
ratings, and has held these ratings for at least three years;
(2) Has had at least three years of diversified maintenance experience on
large aircraft with an air carrier, commercial operator, or certificated
repair station, one year of which must have been as a maintenance inspector;
and
(3) Knows the maintenance parts of the air carrier's or commercial
operator's manual and operations specifications, and the applicable
maintenance provisions of this part.
[Doc. No. 6258, 29 FR 19192, Dec. 31, 1964, as amended by Amdt. 121-52, 34 FR
14463, Sept. 17, 1969; Amdt. 121-143, 43 FR 22641, May 25, 1978]
Subpart D--Rules Governing All Certificate Holders Under This Part
This subpart prescribes rules governing all certificate holders under this
part.
Sec. 121.73 Availability of certificate and operations specifications.
Each certificate holder shall make its operating certificate and operations
specifications available for inspection by the Administrator at its principal
operations office.
Sec. 121.75 Use of operations specifications.
(a) Each certificate holder shall keep each of its employees informed of
the provisions of its operations specifications that apply to the employee's
duties and responsibilities.
(b) Each certificate holder shall maintain a complete and separate set of
its operations specifications. In addition, each certificate holder shall
insert pertinent excerpts of its operations specifications, or reference
thereto, in its manual in such a manner that they retain their identity as
operations specifications.
Sec. 121.77 Amendment of certificate.
(a) An operating certificate issued under this part may be amended--
(1) Upon application by the holder, if the FAA Flight Standards District
Office charged with the overall inspection of the certificate holder's
operations determines that safety in air transportation (or in air commerce,
in the case of a commercial operator) and the public interest allows the
amendment; or
(2) Under section 609 of the Federal Aviation Act of 1958 (49 U.S.C. 1429)
and Part 13 of this chapter, if the Administrator determines that safety in
air transportation (or in air commerce, in the case of a commercial operator)
and the public interest requires the amendment.
(b) An applicant for an amendment to an operating certificate must file its
application with the Flight Standards District Office at least 15 days before
the proposed effective date of that amendment, unless a shorter filing period
is allowed by that office.
(c) At any time within 30 days after refusal of the Flight Standards
District Office to approve an application for amendment, the holder may
petition the Director, Flight Standards Service, to reconsider the refusal.
Sec. 121.79 Amendment of operations specifications.
(a) The FAA Flight Standards District Office charged with the overall
inspection of the certificate holder's operations may amend any operations
specifications issued under this Part, except those that are a part of the
air carrier operating certificate--
(1) Upon application by the holder, if the Flight Standards District Office
determines that safety in air transportation (or in air commerce, in the case
of a commercial operator) and the public interest allows the amendment; or
(2) If the Flight Standards District Office determines that safety in air
transportation (or in air commerce, in the case of a commercial operator) and
the public interest requires the amendment.
(b) In the case of an amendment under paragraph (a)(2) of this section, the
Flight Standards District Office notifies the holder, in writing, of the
proposed amendment, fixing a reasonable period (but not less than seven days)
within which the holder may submit written information, views, and arguments
on the amendment. After considering all relevant material presented, the
Flight Standards District Office notifies the holder of any amendment
adopted, or rescinds the notice. The amendment becomes effective not less
than 30 days after the holder receives notice of it, unless the holder
petitions the Director, Flight Standards Service for amendments pertaining to
flight operations to reconsider the amendment, in which case its effective
date is stayed pending a decision by the Director. If the Flight Standards
District Office finds that there is an emergency requiring immediate action
with respect to safety in air transportation, that makes the procedure in
this paragraph impracticable or contrary to the public interest, it may issue
an amendment, effective without stay, on the date the holder receives notice
of it. In such a case, the Flight Standards District Office incorporates the
finding, and a brief statement of the reasons for it, in the notice of the
amended operations specifications to be adopted.
(c) An applicant must file his application for an amendment of operations
specifications with the Flight Standards District Office at least 15 days
before the date that it proposes for the amendment to become effective,
unless a shorter filing period is allowed by that office.
(d) Within 30 days after receiving from the Flight Standards District
Office a notice of refusal to approve the application for amendment, the
applicant may petition the Director, Flight Standards Service for amendments
pertaining to flight operations to reconsider the refusal to amend.
(e) Airport and route authorizations may be amended under Sec. 121.77.
(a) Each certificate holder shall allow the Administrator, at any time or
place, to make any inspections or tests to determine its compliance with the
Federal Aviation Act of 1958, the Federal Aviation Regulations, its operating
certificate and operations specifications, or its eligibility to continue to
hold its certificate.
(b) In the case of a supplemental air carrier or commercial operator, these
inspections and tests include inspections and tests of financial books and
records, except that the Administrator does not exercise this authority with
respect to the financial books and records of a supplemental air carrier if
the information sought can be obtained from the Civil Aeronautics Board.
Sec. 121.83 Change of address.
Each certificate holder shall notify the FAA Flight Standards District
Office charged with the overall inspection of its operations, in writing, at
least 30 days in advance, of any change in the address of its principal
business office, its principal operations base, or its principal maintenance
base.
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-207, 54
FR 39293, Sept. 25, 1989]
Subpart E--Approval of Routes: Domestic and Flag Air Carriers
This subpart prescribes rules for obtaining approval of routes by domestic
or flag air carriers.
Sec. 121.93 Route requirements: General.
(a) Each domestic or flag air carrier seeking a route approval must show--
(1) That it is able to conduct satisfactorily scheduled operations between
each regular, provisional, and refueling airport over that route or route
segment; and
(2) That the facilities and services required by Secs. 121.97 through
121.107 are available and adequate for the proposed operation.
The Administrator approves a route outside of controlled airspace if he
determines that traffic density is such that an adequate level of safety can
be assured.
(b) Paragraph (a) of this section does not require actual flight over a
route or route segment if the air carrier shows that the flight is not
essential to safety, considering the availability and adequacy of airports,
lighting, maintenance, communication, navigation, fueling, ground, and
airplane radio facilities, and the ability of the personnel to be used in the
proposed operation.
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-3, 30 FR
3638, Mar. 19, 1965]
Sec. 121.95 Route width.
(a) Approved routes and route segments over U.S. Federal airways or foreign
airways (and advisory routes in the case of flag air carriers) have a width
equal to the designated width of those airways or routes. Whenever the
Administrator finds it necessary to determine the width of other approved
routes, he considers the following:
(1) Terrain clearance.
(2) Minimum en route altitudes.
(3) Ground and airborne navigation aids.
(4) Air traffic density.
(5) ATC procedures.
(b) Any route widths of other approved routes determined by the
Administrator are specified in the air carrier's operations specifications.
Sec. 121.97 Airports: Required data.
(a) Each domestic and flag air carrier must show that each route it submits
for approval has enough airports that are properly equipped and adequate for
the proposed operation, considering such items as size, surface,
obstructions, facilities, public protection, lighting, navigational and
communications aids, and ATC.
(b) After September 9, 1981, each domestic and flag air carrier must show
that it has an approved system for obtaining, maintaining, and distributing
to appropriate personnel current aeronautical data for each airport it uses
to ensure a safe operation at that airport. The aeronautical data must
include the following:
(1) Airports.
(i) Facilities.
(ii) Public protection.
(iii) Navigational and communications aids.
(iv) Construction affecting takeoff, landing, or ground operations.
(v) Air traffic facilities.
(2) Runways, clearways and stopways.
(i) Dimensions.
(ii) Surface.
(iii) Marking and lighting systems.
(iv) Elevation and gradient.
(3) Displaced thresholds.
(i) Location.
(ii) Dimensions.
(iii) Takeoff or landing or both.
(4) Obstacles.
(i) Those affecting takeoff and landing performance computations in
accordance with Subpart I of this part.
(ii) Controlling obstacles.
(5) Instrument flight procedures.
(i) Departure procedure.
(ii) Approach procedure.
(iii) Missed approach procedure.
(6) Special information.
(i) Runway visual range measurement equipment.
(ii) Prevailing winds under low visibility conditions.
(c) If the Flight Standards District Office charged with the overall
inspection of the certificate holder's operations finds that revisions are
necessary for the continued adequacy of the certificate holder's system for
collection, dissemination, and usage of aeronautical data that has been
granted approval, the certificate holder shall, after notification by the
Flight Standards District Office, make those revisions in the system. Within
30 days after the certificate holder receives such notice, the certificate
holder may file a petition to reconsider the notice with the Director, Flight
Standards Service. This filing of a petition to reconsider stays the notice
pending a decision by the Director, Flight Standards Service. However, if the
Flight Standards District Office finds that there is an emergency that
requires immediate action in the interest of safety in air transportation,
the Director, Flight Standards Service may, upon statement of the reasons,
require a change effective without stay.
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-162, 45
FR 46738, July 10, 1980; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989]
Sec. 121.99 Communications facilities.
Each domestic and flag air carrier must show that a two-way air/ground
radio communication system is available at points that will ensure reliable
and rapid communications, under normal operating conditions over the entire
route (either direct or via approved point to point circuits) between each
airplane and the appropriate dispatch office, and between each airplane and
the appropriate air traffic control unit. For all domestic air carrier
operations and for flag air carrier operations in the 48 contiguous States
and the District of Columbia, the communications systems between each
airplane and the dispatch office must be independent of any system operated
by the United States.
Sec. 121.101 Weather reporting facilities.
(a) Each domestic and flag air carrier must show that enough weather
reporting services are available along each route to ensure weather reports
and forecasts necessary for the operation.
(b) Except as provided in pararaph (d) of this section, no domestic or flag
air carrier may use any weather report to control flight unless--
(1) For operations within the 48 contiguous States and the District of
Columbia, it was prepared by the U.S. National Weather Service or a source
approved by the U.S. National Weather Service; or
(2) For operations conducted outside the 48 contiguous States and the
District of Columbia, it was prepared by a source approved by the
Administrator.
(c) Each domestic or flag air carrier that uses forecasts to control flight
movements shall use forecasts prepared from weather reports specified in
paragraph (b) of this section and from any source approved under its system
adopted pursuant to paragraph (d) of this section.
(d) By December 31, 1977, each domestic and flag air carrier shall adopt
and put into use an approved system for obtaining forecasts and reports of
adverse weather phenomena, such as clear air turbulence, thunderstorms, and
low altitude wind shear, that may affect safety of flight on each route to be
flown and at each airport to be used.
(e) A domestic or flag air carrier may obtain an extension of the December
31, 1977, compliance date specified in paragraph (d) of this section and
paragraphs (b) and (c) of Sec. 121.601, but not beyond June 30, 1978, from
the Director, Flight Standards Service if, before December 31, 1977--
(1) It shows that due to circumstances beyond its control it cannot comply
by that date; and
(2) It has submitted by that date a schedule for compliance, acceptable to
the Director, indicating that compliance will be achieved at the earliest
practicable date.
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-27, 36 FR
13911, July 28, 1971; Amdt. 121-134, 42 FR 27573, May 31, 1977]
Sec. 121.103 En route navigational facilities.
(a) Except as provided in paragraph (b) of this section, each domestic and
flag air carrier must show, for each proposed route, that nonvisual ground
aids are--
(1) Available over the route for navigating aircraft within the degree of
accuracy required for ATC; and
(2) Located to allow navigation to any regular, provisional, refueling, or
alternate airport, within the degree of accuracy necessary for the operation
involved.
Except for those aids required for routes to alternate airports, nonvisual
ground aids required for approval of routes outside of controlled airspace
are listed in the air carrier's operations specifications.
(b) Nonvisual ground aids are not required for--
(1) Day VFR operations that the air carrier shows can be conducted safely
by pilotage because of the characteristics of the terrain;
(2) Night VFR operations on routes that the air carrier shows have reliably
lighted landmarks adequate for safe operation; and
(3) Operations on route segments where the use of celestial or other
specialized means of navigation is approved by the Administrator.
Sec. 121.105 Servicing and maintenance facilities.
Each domestic and flag air carrier must show that competent personnel and
adequate facilities and equipment (including spare parts, supplies, and
materials) are available at such points along the air carrier's route as are
necessary for the proper servicing, maintenance, and preventive maintenance
of airplanes and auxiliary equipment.
Sec. 121.107 Dispatch centers.
Each domestic and flag air carrier must show that it has enough dispatch
centers, adequate for the operations to be conducted, that are located at
points necessary to ensure proper operational control of each flight.
Subpart F--Approval of Areas and Routes for Supplemental Air Carriers and
Commercial Operators
This subpart prescribes rules for obtaining approval of areas and routes by
supplemental air carriers and commercial operators.
Sec. 121.113 Area and route requirements: General.
(a) Each supplemental air carrier or commercial operator seeking route and
area approval must show--
(1) That it is able to conduct operations within the United States in
accordance with paragraphs (a) (3) and (4) of this section;
(2) That it is able to conduct operations in accordance with the applicable
requirements for each area outside the United States for which authorization
is requested;
(3) That it is equipped and able to conduct operations over, and use the
navigational facilities associated with, the Federal airways, foreign
airways, or advisory routes (ADR's) to be used; and
(4) That it will conduct all IFR and night VFR operations over Federal
airways, foreign airways, controlled airspace, or advisory routes (ADR's).
(b) Notwithstanding paragraph (a)(4) of this section, the Administrator may
approve a route outside of controlled airspace if the supplemental air
carrier or commercial operator shows the route is safe for operations and the
Administrator finds that traffic density is such that an adequate level of
safety can be assured. The air carrier or commercial operator may not use
such a route unless it is approved by the Administrator and is listed in the
air carrier's or commercial operator's operations specifications.
Sec. 121.115 Route width.
(a) Routes and route segments over Federal airways, foreign airways, or
advisory routes have a width equal to the designated width of those airways
or advisory routes. Whenever the Administrator finds it necessary to
determine the width of other routes, he considers the following:
(1) Terrain clearance.
(2) Minimum en route altitudes.
(3) Ground and airborne navigation aids.
(4) Air traffic density.
(5) ATC procedures.
(b) Any route widths of other routes determined by the Administrator are
specified in the air carrier's or commercial operator's operations
specifications.
Sec. 121.117 Airports: Required data.
(a) No supplemental air carrier or commercial operator may use any airport
unless it is properly equipped and adequate for the proposed operation,
considering such items as size, surface, obstructions, facilities, public
protection, lighting, navigational and communications aids, and ATC.
(b) After September 9, 1981, each supplemental air carrier and commercial
operator must show that it has an approved system for obtaining, maintaining,
and distributing to appropriate personnel current aeronautical data for each
airport it uses to ensure a safe operation at that airport. The aeronautical
data must include the following:
(1) Airports.
(i) Facilities.
(ii) Public protection.
(iii) Navigational and communications aids.
(iv) Construction affecting takeoff, landing, or ground operations.
(v) Air traffic facilities.
(2) Runways, clearways, and stopways.
(i) Dimensions.
(ii) Surface.
(iii) Marking and lighting systems.
(iv) Elevation and gradient.
(3) Displaced thresholds.
(i) Location.
(ii) Dimensions.
(iii) Takeoff or landing or both.
(4) Obstacles.
(i) Those affecting takeoff and landing performance computations in
accordance with Subpart I of this part.
(ii) Controlling obstacles.
(5) Instrument flight procedures.
(i) Departure procedure.
(ii) Approach procedure.
(iii) Missed approach procedure.
(6) Special information.
(i) Runway visual range measurement equipment.
(ii) Prevailing winds under low visibility conditions.
(c) If the Flight Standards District Office charged with the overall
inspection of the certificate holder's operations finds that revisions are
necessary for the continued adequacy of the certificate holder's system for
collection, dissemination, and usage of aeronautical data that has been
granted approval, the certificate holder shall, after notification by the
Flight Standards District Office, make those revisions in the system. Within
30 days after the certificate holder receives such notice, the certificate
holder may file a petition to reconsider the notice with the Director, Flight
Standards Service. This filing of a petition to reconsider stays the notice
pending a decision by the Director, Flight Standards Service. However, if the
Flight Standards District Office finds that there is an emergency that
requires immediate action in the interest of safety in air transportation,
the Director, Flight Standards Service may, upon a statement of the reasons,
require a change effective without stay.
[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-162, 45
FR 46738, July 10, 1980; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989]
Sec. 121.119 Weather reporting facilities.
(a) No supplemental air carrier or commercial operator may use any weather
report to control flight unless it was prepared and released by the U.S.
National Weather Service or a source approved by the Weather Bureau. For
operations outside the U.S., or at U.S. Military airports, where those
reports are not available, the air carrier or commercial operator must show
that its weather reports are prepared by a source found satisfactory by the
Administrator.
(b) Each supplemental air carrier or commercial operator that uses
forecasts to control flight movements shall use forecasts prepared from
weather reports specified in paragraph (a) of this section.
[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-76, 36 FR
13911, July 28, 1971]
Sec. 121.121 En route navigational facilities.
(a) Except as provided in paragraph (b) of this section, no supplemental
air carrier or commercial operator may conduct any operation over a route
unless nonvisual ground aids are--
(1) Available over the route for navigating airplanes within the degree of
accuracy required for ATC; and
(2) Located to allow navigation to any airport of destination, or alternate
airport, within the degree of accuracy necessary for the operation involved.
(b) Nonvisual ground aids are not required for--
(1) Day VFR operations that can be conducted safely by pilotage because of
the characteristics of the terrain;
(2) Night VFR operations on lighted airways or on routes that the
Administrator determines have reliable landmarks adequate for safe operation;
or
(3) Operations on route segments where the use of celestial or other
specialized means of navigation is approved.
(c) Except for those aids required for routes to alternate airports, the
nonvisual ground navigational aids that are required for approved of routes
outside of controlled airspace are specified in the air carrier's or
commercial operator's operations specifications.
Sec. 121.123 Servicing and maintenance facilities.
Each supplemental air carrier or commercial operator must show that
competent personnel and adequate facilities and equipment (including spare
parts, supplies, and materials) are available for the proper servicing,
maintenance, and preventive maintenance of aircraft and auxiliary equipment.
Sec. 121.125 Flight following system.
(a) Each supplemental air carrier or commercial operator must show that it
has--
(1) An approved flight following system established in accordance with
Subpart U of this part and adequate for the proper monitoring of each flight,
considering the operations to be conducted; and
(2) Flight following centers located at those points necessary--
(i) To ensure the proper monitoring of the progress of each flight with
respect to its departure at the point of origin and arrival at its
destination, including intermediate stops and diversions therefrom, and
maintenance or mechanical delays encountered at those points or stops; and
(ii) To ensure that the pilot in command is provided with all information
necessary for the safety of the flight.
(b) A supplemental air carrier or commercial operator may arrange to have
flight following facilities provided by persons other than its employees, but
in such a case the air carrier or commercial operator continues to be
primarily responsible for operational control of each flight.
(c) A flight following system need not provide for in-flight monitoring by
a flight following center.
(d) The supplemental air carrier's or commercial operator's operations
specifications specify the flight following system it is authorized to use
and the location of the centers.
Sec. 121.127 Flight following system; requirements.
(a) Each supplemental air carrier or commercial operator using a flight
following system must show that--
(1) The system has adequate facilities and personnel to provide the
information necessary for the initiation and safe conduct of each flight to--
(i) The flight crew of each aircraft; and
(ii) The persons designated by the air carrier or commercial operator to
perform the function of operational control of the aircraft; and
(2) The system has a means of communication by private or available public
facilities (such as telephone, telegraph, or radio) to monitor the progress
of each flight with respect to its departure at the point of origin and
arrival at its destination, including intermediate stops and diversions
therefrom, and maintenance or mechanical delays encountered at those points
or stops.
(b) The supplemental air carrier or commercial operator must show that the
personnel specified in paragraph (a) of this section, and those it designates
to perform the function of operational control of the aircraft, are able to
perform their required duties.
Subpart G--Manual Requirements
Sec. 121.131 Applicability.
This subpart prescribes requirements for preparing and maintaining manuals
by all certificate holders.
[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964]
Sec. 121.133 Preparation.
(a) Each domestic and flag air carrier shall prepare and keep current a
manual for the use and guidance of flight and ground operations personnel in
conducting its operations.
(b) Each supplemental air carrier and commercial operator shall prepare and
keep current a manual for the use and guidance of flight, ground operations,
and management personnel in conducting its operations.
(c) For the purpose of this subpart, the certificate holder may prepare
that part of the manual containing maintenance information and instructions,
in whole or in part, in printed page form or microfilm.
[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-71, 35 FR
17176, Nov. 7, 1970]
Sec. 121.135 Contents.
(a) Each manual required by Sec. 121.133 must--
(1) Include instructions and information necessary to allow the personnel
concerned to perform their duties and responsibilities with a high degree of
safety;
(2) Be in a form that is easy to revise;
(3) Have the date of last revision on each page concerned; and
(4) Not be contrary to any applicable Federal regulation and, in the case
of a flag or supplemental air carrier, any applicable foreign regulation, or
the certificate holder's operations specifications or operating certificate.
(b) The manual may be in two or more separate parts, containing together
all of the following information, but each part must contain that part of the
information that is appropriate for each group of personnel:
(1) General policies.
(2) Duties and responsibilities of each crewmember and appropriate members
of the ground organization and in the case of supplemental air carriers and
commercial operators, management personnel.
(3) Reference to appropriate Federal Aviation Regulations.
(4) Flight dispatching and operational control, including procedures for
coordinated dispatch or flight control or flight following procedures, as
applicable.
(5) En route flight, navigation, and communication procedures, including
procedures for the dispatch or release or continuance of flight if any item
of equipment required for the particular type of operation becomes
inoperative or unserviceable en route.
(6) For domestic or flag air carriers, appropriate information from the en
route operations specifications, including for each approved route the types
of aircraft authorized, the type of operation such as VFR, IFR, day, night,
etc., and any other pertinent information.
(7) For supplemental air carriers or commercial operators, appropriate
information from the operations specifications, including the area of
operations authorized, the types of aircraft authorized, the type of
operation such as VFR, IFR, day, night, etc., and any other pertinent
information.
(8) Appropriate information from the airport operations specifications,
including for each airport--
(i) Its location (domestic and flag air carrier operations only);
(ii) Its designation (regular, alternate, provisional, etc.) (domestic and
flag air carrier operations only);
(iii) The types of aircraft authorized (domestic and flag air carrier
operations only);
(iv) Instrument approach procedures;
(v) Landing and takeoff minimums; and
(vi) Any other pertinent information.
(9) Takeoff, en route, and landing weight limitations.
(10) Procedures for familiarizing passengers with the use of emergency
equipment, during flight.
(11) Emergency equipment and procedures.
(12) The method of designating succession of command of flight crewmembers.
(13) Procedures for determining the usability of landing and takeoff areas,
and for disseminating pertinent information thereon to operations personnel.
(14) Procedures for operating in periods of ice, hail, thunderstorms,
turbulence, or any potentially hazardous meteorological condition.
(15) Airman training programs, including appropriate ground, flight, and
emergency phases.
(16) Instructions and procedures for maintenance, preventive maintenance,
and servicing.
(17) Time limitations, or standards for determining time limitations, for
overhauls, inspections, and checks of airframes, engines, propellers,
appliances and emergency equipment.
(18) Procedures for refueling aircraft, eliminating fuel contamination,
protection from fire (including electrostatic protection), and supervising
and protecting passengers during refueling.
(19) Airworthiness inspections, including instructions covering procedures,
standards, responsibilities, and authority of inspection personnel.
(20) Methods and procedures for maintaining the aircraft weight and center
of gravity within approved limits.
(21) Where applicable, pilot and dispatcher route and airport qualification
procedures.
(22) Accident notification procedures.
(23) After December 9, 1980, procedures and information to assist personnel
to identify packages marked or labeled as containing hazardous materials and,
if these materials are to be carried, stored, or handled, procedures and
instructions relating to the carriage, storage, or handling of hazardous
materials, including the following:
(i) Procedures for determining the proper shipper certification required by
49 CFR Subchapter C, proper packaging, marking, labeling, shipping documents,
compatibility of materials, and instructions on the loading, storage, and
handling.
(ii) Notification procedures for reporting hazardous material incidents as
required by 49 CFR Subchapter C.
(iii) Instructions and procedures for the notification of the pilot in
command when there are hazardous materials aboard, as required by 49 CFR
Subchapter C.
(24) Other information or instructions relating to safety.
(c) Each certificate holder shall maintain at least one complete copy of
the manual at its principal operations base.
[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-104, 38
FR 14915, June 7, 1973; Amdt. 121-106, 38 FR 22377, Aug. 20, 1973; Amdt. 121-
143, 43 FR 22641, May 25, 1978; Amdt. 121-162, 45 FR 46739, July 10, 1980]
Sec. 121.137 Distribution and availability.
(a) Each certificate holder shall furnish copies of the manual required by
Sec. 121.133 (and the changes and additions thereto) or appropriate parts of
the manual to--
(1) Its appropriate ground operations and maintenance personnel;
(2) Crewmembers; and
(3) Representatives of the Administrator assigned to it.
(b) Each person to whom a manual or appropriate parts of it are furnished
under paragraph (a) of this section shall keep it up-to-date with the changes
and additions furnished to that person and shall have the manual or
appropriate parts of it accessible when performing assigned duties.
(c) For the purpose of complying with paragraph (a) of this section, a
certificate holder may furnish the persons listed therein the maintenance
part of the manual in microfilm form if it also furnishes and maintains a
reading device that provides a legible facsimile image of the microfilmed
maintenance information and instructions.
[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-71, 35 FR
17176, Nov. 7, 1970; Amdt. 121-162, 45 FR 46739, July 10, 1980]
Sec. 121.139 Requirement for manual aboard aircraft: Supplemental air
carriers and commercial operators.
(a) Except as provided in paragraph (b) of this section, each supplemental
air carrier and commercial operator shall carry appropriate parts of the
manual on each aircraft when away from the principal base. The appropriate
parts must be available for use of ground or flight personnel. If a
supplemental air carrier or commercial operator carries aboard an aircraft
all or any portion of the maintenance part of its manual in microfilm it must
also carry a reading device that provides a legible facsimile image of the
microfilmed maintenance information and instructions.
(b) If a supplemental air carrier or commercial operator is able to perform
all scheduled maintenance at specified stations where it keeps maintenance
parts of the manual, it does not have to carry those parts of the manual
aboard the aircraft en route to those stations.
[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-71, 35 FR
17176, Nov. 7, 1970]
Sec. 121.141 Airplane or rotorcraft flight manual.
(a) Each certificate holder shall keep a current approved airplane or
rotorcraft flight manual for each type of transport category aircraft that it
operates.
(b) In each transport-category aircraft, the certificate holder shall carry
either the manual required by Sec. 121.133, if it contains the information
required for the applicable flight manual and this information is clearly
identified as flight manual requirements, or an approved Airplane or
Rotorcraft Flight Manual. If the certificate holder elects to carry the
manual required by Sec. 121.133, he may revise the operating procedures
sections and modity the presentation of performance data from the applicable
flight manual if the revised operating procedures and modified performance
date presentation are--
(1) Approved by the Administrator; and
(2) Clearly identified as airplane or rotorcraft flight manual
requirements.
[Amdt. 121-97, 37 FR 20024, Sept. 23, 1972, as amended by Amdt. 121-138, 43
FR 2328, Jan. 16, 1978]
This subpart prescribes aircraft requirements for all certificate holders.
Sec. 121.153 Aircraft requirements: General.
(a) Except as provided in paragraph (c) of this section, no certificate
holder may operate an aircraft unless that aircraft--
(1) Is registered as a civil aircraft of the United States and carries an
appropriate current airworthiness certificate issued under this chapter; and
(2) Is in an airworthy condition and meets the applicable airworthiness
requirements of this chapter, including those relating to identification and
equipment.
(b) A certificate holder may use an approved weight and balance control
system based on average, assumed, or estimated weight to comply with
applicable airworthiness requirements and operating limitations.
(c) A certificate holder may operate in common carriage, and for the
carriage of mail, a civil aircraft which is leased or chartered to it without
crew and is registered in a country which is a party to the Convention on
International Civil Aviation if--
(1) The aircraft carries an appropriate airworthiness certificate issued by
the country of registration and meets the registration and identification
requirements of that country;
(2) The aircraft is of a type design which is approved under a U.S. type
certificate and complies with all of the requirements of this chapter (14 CFR
Chapter 1) that would be applicable to that aircraft were it registered in
the United States, including the requirements which must be met for issuance
of a U.S. standard airworthiness certificate (including type design
conformity, condition for safe operation, and the noise, fuel venting, and
engine emission requirements of this chapter), except that a U.S.
registration certificate and a U.S. standard airworthiness certificate will
not be issued for the aircraft;
(3) The aircraft is operated by U.S.-certificated airmen employed by the
certificate holder; and
(4) The certificate holder files a copy of the aircraft lease or charter
agreement with the FAA Aircraft Registry, Department of Transportation, 6400
South MacArthur Boulevard, Oklahoma City, Oklahoma (Mailing address: P.O. Box
25504, Oklahoma City, Oklahoma 73125).
[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-165, 45
FR 68649, Oct. 16, 1980]
Sec. 121.155 [Reserved]
Sec. 121.157 Aircraft certification and equipment requirements.
(a) Airplanes certificated before July 1, 1942. No certificate holder may
operate an airplane that was type certificated before July 1, 1942, unless--
(1) That airplane meets the requirements of Sec. 121.173(c), or
(2) That airplane and all other airplanes of the same or related type
operated by that certificate holder meet the performance requirements of
sections 4a.737-T through 4a.750-T of the Civil Air Regulations as in effect
on January 31, 1965; or Secs. 25.45 through 25.75 and Sec. 121.173(a), (b),
(d), and (e) of this title.
(b) Airplanes certificated after June 30, 1942. Except as provided in
paragraphs (c) and (d) of this section, no certificate holder may operate an
airplane that was type certificated after June 30, 1942, unless it is
certificated as a transport category airplane and meets the requirements of
Sec. 121.173 (a), (b), (d), and (e).
(c) C-46 type airplanes: passenger-carrying operations. No certificate
holder may operate a C-46 airplane in passenger-carrying operations unless
that airplane is operated in accordance with the operating limitations for
transport category airplanes and meets the requirements of paragraph (b) of
this section or meets the requirements of Part 4b, as in effect July 20,
1950, and the requirements of Sec. 121.173 (a), (b), (d) and (e), except
that--
(1) The requirements of sections 4b.0 through 4b.19 as in effect May 18,
1954, must be complied with;
(2) The birdproof windshield requirements of section 4b.352 need not be
complied with;
(3) The provisions of sections 4b.480 through 4b.490 (except sections
4b.484(a)(1) and 4b.487(e)), as in effect May 16, 1953, must be complied
with; and
(4) The provisions of paragraph 4b.484(a)(1), as in effect July 20, 1950,
must be complied with.
In determining the takeoff path in accordance with section 4b.116 and the
one-engine inoperative climb in accordance with section 4b.120 (a) and (b),
the propeller of the inoperative engine may be assumed to be feathered if the
airplane is equipped with either an approved means for automatically
indicating when the particular engine has failed or an approved means for
automatically feathering the propeller of the inoperative engine. The
Administrator may authorize deviations from compliance with the requirements
of sections 4b.130 through 4b.190 and Subparts C, D, E, and F of Part 4b (as
designated in this paragraph) if he finds that (considering the effect of
design changes) compliance is extremely difficult to accomplish and that
service experience with the C-46 airplane justifies the deviation.
(d) C-46 type airplanes: cargo operations. No certificate holder may use a
nontransport category C-46 type airplane in cargo operations unless--
(1) It is certificated at a maximum gross weight that is not greater than
48,000 pounds;
(2) It meets the requirements of Secs. 121.199 through 121.205 using the
performance data in Appendix C to this part;
(3) Before each flight, each engine contains at least 25 gallons of oil;
and
(4) After December 31, 1964--
(i) It is powered by a type and model engine as set forth in Appendix C of
this part, when certificated at a maximum gross takeoff weight greater than
45,000 pounds; and
(ii) It complies with the special airworthiness requirement set forth in
Secs. 121.213 through 121.287 of this part or in Appendix C of this part.
(e) Helicopters. No supplemental air carrier or commercial operator may
operate a helicopter unless it is operated, certificated, and equipped in
accordance with Secs. 127.71 through 127.125.
Sec. 121.159 Single-engine airplanes prohibited.
Except as provided in Sec. 121.9, no certificate holder may operate a
single-engine airplane.
Sec. 121.161 Airplane limitations: Type of route.
(a) Unless authorized by the Administrator, based on the character of the
terrain, the kind of operation, or the performance of the airplane to be
used, no certificate holder may operate two-engine or three-engine airplanes
(except a three-engine turbine powered airplane) over a route that contains a
point farther than 1 hour flying time (in still air at normal cruising speed
with one engine inoperative) from an adequate airport.
(b) No certificate holder may operate a land airplane (other than a DC-3,
C-46, CV-240, CV-340, CV-440, CV-580, CV-600, CV-640, or Martin 404) in an
extended overwater operation unless it is certificated or approved as
adequate for ditching under the ditching provisions of Part 25 of this
chapter.
[Amdt. 121-22, 31 FR 13078, Oct. 8, 1966 and Amdt. 121-162, 45 FR 46739, July
10, 1980]
Sec. 121.163 Aircraft proving tests.
(a) No domestic or flag air carrier may operate an aircraft not before
proven for use in scheduled air carrier operations, and no supplemental air
carrier or commercial operator may operate an aircraft not before proven for
use in air carrier or commercial operator operations, unless an aircraft of
that type has had, in addition to the aircraft certification tests, at least
100 hours of proving tests acceptable to the Administrator, including a
representative number of flights into en route airports. The requirement for
at least 100 hours of proving tests may be reduced by the Administrator if
the Administrator determines that a satisfactory level of proficiency has
been demonstrated to justify the reduction. At least 10 hours of proving
tests must be flown at night.
(b) A certificate holder may not operate an aircraft of a type that has
been proven for use in its class of operation if it has not previously proved
that type, or if that aircraft has been materially altered in design,
unless--
(1) The aircraft has had at least 50 hours of tests acceptable to the
Administrator, including a representative number of flights into enroute
airports; or
(2) The Administrator specifically authorizes deviations when special
circumstances make full compliance with this paragraph unnecessary in a
particular case.
(c) A supplemental air carrier or commercial operator may operate a
helicopter that has not before been proven for use in supplemental air
carrier or commercial operator operations if the helicopter has been used
extensively in the services of the armed forces and meets the requirements of
paragraph (b) of this section.
(d) For the purposes of paragraph (b) of this section, a type of aircraft
is considered to be materially altered in design if the alterations include--
(1) The installation of powerplants other than those of a type similar to
those with which it is certificated; or
(2) Alterations to the aircraft or its components that materially affect
flight characteristics.
(e) No certificate holder may carry passengers in an aircraft during
proving tests, except for those needed to make the test and those designated
by the Administrator. However, it may carry mail, express, or other cargo,
when approved.
[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-42, 33 FR
10330, July 19, 1968; 34 FR 13468, Aug. 21, 1969; Amdt. 121-162, 45 FR 46739,
July 10, 1980]
(a) This subpart prescribes airplane performance operating limitations for
all certificate holders.
(b) For purposes of this part, "effective length of the runway" for landing
means the distance from the point at which the obstruction clearance plane
associated with the approach end of the runway intersects the centerline of
the runway to the far end thereof.
(c) For the purposes of this subpart, "obstruction clearance plane" means a
plane sloping upward from the runway at a slope of 1:20 to the horizontal,
and tangent to or clearing all obstructions within a specified area
surrounding the runway as shown in a profile view of that area. In the plan
view, the centerline of the specified area coincides with the centerline of
the runway, beginning at the point where the obstruction clearance plane
intersects the centerline of the runway and proceeding to a point at least
1,500 feet from the beginning point. Thereafter the centerline coincides with
the takeoff path over the ground for the runway (in the case of takeoffs) or
with the instrument approach counterpart (for landings), or, where the
applicable one of these paths has not been established, it proceeds
consistent with turns of at least 4,000 foot radius until a point is reached
beyond which the obstruction clearance plane clears all obstructions. This
area extends laterally 200 feet on each side of the centerline at the point
where the obstruction clearance plane intersects the runway and continues at
this width to the end of the runway; then it increases uniformly to 500 feet
on each side of the centerline at a point 1,500 feet from the intersection of
the obstruction clearance plane with the runway; thereafter it extends
laterally 500 feet on each side of the centerline.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132, 41
FR 55475, Dec. 20, 1976]
Sec. 121.173 General.
(a) Each certificate holder operating a reciprocating engine powered
transport category airplane shall comply with Secs. 121.175 through 121.187.
(b) Each certificate holder operating a turbine engine powered transport
category airplane shall comply with applicable provisions of Secs. 121.189
through 121.197, except that when it operates a turbo-propeller powered
transport category airplane certificated after August 29, 1959, but
previously type certificated with the same number of reciprocating engines,
it may comply with Secs. 121.175 through 121.187.
(c) Each certificate holder operating a large nontransport category
airplane shall comply with Secs. 121.199 through 121.205 and any
determination of compliance must be based only on approved performance data.
(d) The performance data in the Airplane Flight Manual applies in
determining compliance with Secs. 121.175 through 121.197. Where conditions
are different from those on which the performance data is based, compliance
is determined by interpolation or by computing the effects of changes in the
specific variables if the results of the interpolation or computations are
substantially as accurate as the results of direct tests.
(e) No person may take off a reciprocating engine powered transport
category airplane at a weight that is more than the allowable weight for the
runway being used (determined under the runway takeoff limitations of the
transport category operating rules of this part) after taking into account
the temperature operating correction factors in section 4a.749a-T or section
4b.117 of the Civil Air Regulations as in effect on January 31, 1965, and set
forth in the applicable Airplane Flight Manual.
(f) The Administrator may authorize in the operations specifications
deviations from the requirements in the subpart if special circumstances make
a literal observance of a requirement unnecessary for safety.
(g) The ten-mile width specified in Secs. 121.179 through 121.183 may be
reduced to five miles, for not more than 20 miles, when operating VFR or
where navigation facilities furnish reliable and accurate identification of
high ground and obstructions located outside of five miles, but within ten
miles, on each side of the intended track.
Sec. 121.175 Transport category airplanes: reciprocating engine powered:
Weight limitations.
(a) No person may take off a reciprocating engine powered transport
category airplane from an airport located at an elevation outside of the
range for which maximum takeoff weights have been determined for that
airplane.
(b) No person may take off a reciprocating engine powered transport
category airplane for an airport of intended destination that is located at
an elevation outside of the range for which maximum landing weights have been
determined for that airplane.
(c) No person may specify, or have specified, an alternate airport that is
located at an elevation outside of the range for which maximum landing
weights have been determined for the reciprocating engine powered transport
category airplane concerned.
(d) No person may take off a reciprocating engine powered transport
category airplane at a weight more than the maximum authorized takeoff weight
for the elevation of the airport.
(e) No person may take off a reciprocating engine powered transport
category airplane if its weight on arrival at the airport of destination will
be more than the maximum authorized landing weight for the elevation of that
airport, allowing for normal consumption of fuel and oil en route.
Sec. 121.177 Transport category airplanes: Reciprocating engine powered:
Takeoff limitations.
(a) No person operating a reciprocating engine powered transport category
airplane may takeoff that airplane unless it is possible--
(1) To stop the airplane safely on the runway, as shown by the accelerate
stop distance data, at any time during takeoff until reaching critical-engine
failure speed;
(2) If the critical engine fails at any time after the airplane reaches
critical-engine failure speed V1, to continue the takeoff and reach a height
of 50 feet, as indicated by the takeoff path data, before passing over the
end of the runway; and
(3) To clear all obstacles either by at least 50 feet vertically (as shown
by the takeoff path data) or 200 feet horizontally within the airport
boundaries and 300 feet horizontally beyond the boundaries, without banking
before reaching a height of 50 feet (as shown by the takeoff path data) and
thereafter without banking more than 15 degrees.
(b) In applying this section, corrections must be made for the effective
runway gradient. To allow for wind effect, takeoff data based on still air
may be corrected by taking into account not more than 50 percent of any
reported headwind component and not less than 150 percent of any reported
tailwind component.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-159, 45
FR 41593, June 19, 1980]
Sec. 121.179 Transport category airplanes: reciprocating engine powered: En
route limitations: all engines operating.
(a) No person operating a reciprocating engine powered transport category
airplane may take off that airplane at a weight, allowing for normal
consumption of fuel and oil, that does not allow a rate of climb (in feet per
minute), with all engines operating, of at least 6.90 VSo (that is, the
number of feet per minute is obtained by multiplying the number of knots by
6.90) at an altitude of at least 1,000 feet above the highest ground or
obstruction within ten miles of each side of the intended track.
(b) This section does not apply to transport category airplanes
certificated under Part 4a of the Civil Air Regulations.
Sec. 121.181 Transport category airplanes: Reciprocating engine powered: En
route limitations: One engine inoperative.
(a) Except as provided in paragraph (b) of this section, no person
operating a reciprocating engine powered transport category airplane may take
off that airplane at a weight, allowing for normal consumption of fuel and
oil, that does not allow a rate of climb (in feet per minute), with one
engine inoperative, of at least
0.079-(0.106/N)VSo 2
(where N is the number of engines installed and VSo is expressed in knots) at
an altitude of at least 1,000 feet above the highest ground or obstruction
within 10 miles of each side of the intended track. However, for the purposes
of this paragraph the rate of climb for transport category airplanes
certificated under Part 4a of the Civil Air Regulations is 0.026 VSo 2 .
(b) In place of the requirements of paragraph (a) of this section, a person
may, under an approved procedure, operate a reciprocating engine powered
transport category airplane, at an all-engines-operating altitude that allows
the airplane to continue, after an engine failure, to an alternate airport
where a landing can be made in accordance with Sec. 121.187, allowing for
normal consumption of fuel and oil. After the assumed failure, the flight
path must clear the ground and any obstruction within five miles on each side
of the intended track by at least 2,000 feet.
(c) If an approved procedure under paragraph (b) of this section is used,
the certificate holder shall comply with the following:
(1) The rate of climb (as prescribed in the Airplane Flight Manual for the
appropriate weight and altitude) used in calculating the airplane's flight
path shall be diminished by an amount, in feet per minute, equal to
0.079-(0.106/N)VSo 2
(when N is the number of engines installed and VSo is expressed in knots) for
airplanes certificated under Part 25 of this chapter and by 0.026 VSo 2 for
airplanes certificated under Part 4a of the Civil Air Regulations.
(2) The all-engines-operating altitude shall be sufficient so that in the
event the critical engine becomes inoperative at any point along the route,
the flight will be able to proceed to a predetermined alternate airport by
use of this procedure. In determining the takeoff weight, the airplane is
assumed to pass over the critical obstruction following engine failure at a
point no closer to the critical obstruction than the nearest approved radio
navigational fix, unless the Administrator approves a procedure established
on a different basis upon finding that adequate operational safeguards exist.
(3) The airplane must meet the provisions of paragraph (a) of this section
at 1,000 feet above the airport used as an alternate in this procedure.
(4) The procedure must include an approved method of accounting for winds
and temperatures that would otherwise adversely affect the flight path.
(5) In complying with this procedure fuel jettisoning is allowed if the
certificate holder shows that it has an adequate training program, that
proper instructions are given to the flight crew, and all other precautions
are taken to insure a safe procedure.
(6) The certificate holder shall specify in the dispatch or flight release
an alternate airport that meets the requirements of Sec. 121.625.
Sec. 121.183 Part 25 transport category airplanes with four or more engines:
Reciprocating engine powered: En route limitations: Two engines
inoperative.
(a) No person may operate an airplane certificated under Part 25 and having
four or more engines unless--
(1) There is no place along the intended track that is more than 90 minutes
(with all engines operating at cruising power) from an airport that meets the
requirements of Sec. 121.187; or
(2) It is operated at a weight allowing the airplane, with the two critical
engines inoperative, to climb at 0.013 VSo 2 feet per minute (that is, the
number of feet per minute is obtained by multiplying the number of knots
squared by 0.013) at an altitude of 1,000 feet above the highest ground or
obstruction within 10 miles on each side of the intended track, or at an
altitude of 5,000 feet, whichever is higher.
(b) For the purposes of paragraph (a)(2) of this section, it is assumed
that--
(1) The two engines fail at the point that is most critical with respect to
the takeoff weight:
(2) Consumption of fuel and oil is normal with all engines operating up to
the point where the two engines fail and with two engines operating beyond
that point;
(3) Where the engines are assumed to fail at an altitude above the
prescribed minimum altitude, compliance with the prescribed rate of climb at
the prescribed minimum altitude need not be shown during the descent from the
cruising altitude to the prescribed minimum altitude, if those requirements
can be met once the prescribed minimum altitude is reached, and assuming
descent to be along a net flight path and the rate of descent to be 0.013 VSo
2 greater than the rate in the approved performance data; and
(4) If fuel jettisoning is provided, the airplane's weight at the point
where the two engines fail is considered to be not less than that which would
include enough fuel to proceed to an airport meeting the requirements of Sec.
121.187 and to arrive at an altitude of at least 1,000 feet directly over
that airport.
Sec. 121.185 Transport category airplanes: Reciprocating engine powered:
Landing limitations: Destination airport.
(a) Except as provided in paragraph (b) of this section no person operating
a reciprocating engine powered transport category airplane may take off that
airplane, unless its weight on arrival, allowing for normal consumption of
fuel and oil in flight, would allow a full stop landing at the intended
destination within 60 percent of the effective length of each runway
described below from a point 50 feet directly above the intersection of the
obstruction clearance plane and the runway. For the purposes of determining
the allowable landing weight at the destination airport the following is
assumed:
(1) The airplane is landed on the most favorable runway and in the most
favorable direction in still air.
(2) The airplane is landed on the most suitable runway considering the
probable wind velocity and direction (forecast for the expected time of
arrival), the ground handling characteristics of the type of airplane, and
other conditions such as landing aids and terrain, and allowing for the
effect of the landing path and roll of not more than 50 percent of the
headwind component or not less than 150 percent of the tailwind component.
(b) An airplane that would be prohibited from being taken off because it
could not meet the requirements of paragraph (a)(2) of this section may be
taken off if an alternate airport is specified that meets all of the
requirements of this section except that the airplane can accomplish a full
stop landing within 70 percent of the effective length of the runway.
Sec. 121.187 Transport category airplanes: Reciprocating engine powered:
Landing limitations: Alternate airport.
No person may list an airport as an alternate airport in a dispatch or
flight release unless the airplane (at the weight anticipated at the time of
arrival at the airport), based on the assumptions in Sec. 121.185, can be
brought to a full stop landing, within 70 percent of the effective length of
the runway.
Sec. 121.189 Transport category airplanes: Turbine engine powered; takeoff
limitations.
(a) No person operating a turbine engine powered transport category
airplane may take off that airplane at a weight greater than that listed in
the Airplane Flight Manual for the elevation of the airport and for the
ambient temperature existing at takeoff.
(b) No person operating a turbine engine powered transport category
airplane certificated after August 26, 1957, but before August 30, 1959
(SR422, 422A), may take off that airplane at a weight greater than that
listed in the Airplane Flight Manual for the minimum distances required for
takeoff. In the case of an airplane certificated after September 30, 1958
(SR422A, 422B), the takeoff distance may include a clearway distance but the
clearway distance included may not be greater than 1/2 of the takeoff run.
(c) No person operating a turbine engine powered transport category
airplane certificated after August 29, 1959 (SR422B), may take off that
airplane at a weight greater than that listed in the Airplane Flight Manual
at which compliance with the following may be shown:
(1) The accelerate-stop distance must not exceed the length of the runway
plus the length of any stopway.
(2) The takeoff distance must not exceed the length of the runway plus the
length of any clearway except that the length of any clearway included must
not be greater than one-half the length of the runway.
(3) The takeoff run must not be greater than the length of the runway.
(d) No person operating a turbine engine powered transport category
airplane may take off that airplane at a weight greater than that listed in
the Airplane Flight Manual--
(1) In the case of an airplane certificated after August 26, 1957, but
before October 1, 1958 (SR422), that allows a takeoff path that clears all
obstacles either by at least (35+0.01D) feet vertically (D is the distance
along the intended flight path from the end of the runway in feet), or by at
least 200 feet horizontally within the airport boundaries and by at least 300
feet horizontally after passing the boundaries; or
(2) In the case of an airplane certificated after September 30, 1958 (SR
422A, 422B), that allows a net takeoff flight path that clears all obstacles
either by a height of at least 35 feet vertically, or by at least 200 feet
horizontally within the airport boundaries and by at least 300 feet
horizontally after passing the boundaries.
(e) In determining maximum weights, minimum distances and flight paths
under paragraphs (a) through (d) of this section, correction must be made for
the runway to be used, the elevation of the airport, the effective runway
gradient, and the ambient temperature and wind component at the time of
takeoff.
(f) For the purposes of this section, it is assumed that the airplane is
not banked before reaching a height of 50 feet, as shown by the takeoff path
or net takeoff flight path data (as appropriate) in the Airplane Flight
Manual, and thereafter that the maximum bank is not more than 15 degrees.
(g) For the purposes of this section the terms, "takeoff distance,"
"takeoff run," "net takeoff flight path" and "takeoff path" have the same
meanings as set forth in the rules under which the airplane was certificated.
Sec. 121.191 Transport category airplanes: Turbine engine powered: En route
limitations: One engine inoperative.
(a) No person operating a turbine engine powered transport category
airplane may take off that airplane at a weight, allowing for normal
consumption of fuel and oil, that is greater than that which (under the
approved, one engine inoperative, en route net flight path data in the
Airplane Flight Manual for that airplane) will allow compliance with
paragraph (a) (1) or (2) of this section, based on the ambient temperatures
expected en route:
(1) There is a positive slope at an altitude of at least 1,000 feet above
all terrain and obstructions within five statute miles on each side of the
intended track, and, in addition, if that airplane was certificated after
August 29, 1959 (SR 422B) there is a positive slope at 1,500 feet above the
airport where the airplane is assumed to land after an engine fails.
(2) The net flight path allows the airplane to continue flight from the
cruising altitude to an airport where a landing can be made under Sec.
121.197, clearing all terrain and obstructions within five statute miles of
the intended track by at least 2,000 feet vertically and with a positive
slope at 1,000 feet above the airport where the airplane lands after an
engine fails, or, if that airplane was certificated after September 30, 1958
(SR 422A, 422B), with a positive slope at 1,500 feet above the airport where
the airplane lands after an engine fails.
(b) For the purposes of paragraph (a)(2) of this section, it is assumed
that--
(1) The engine fails at the most critical point en route;
(2) The airplane passes over the critical obstruction, after engine failure
at a point that is no closer to the obstruction than the nearest approved
radio navigation fix, unless the Administrator authorizes a different
procedure based on adequate operational safeguards;
(3) An approved method is used to allow for adverse winds:
(4) Fuel jettisoning will be allowed if the certificate holder shows that
the crew is properly instructed, that the training program is adequate, and
that all other precautions are taken to insure a safe procedure;
(5) The alternate airport is specified in the dispatch or flight release
and meets the prescribed weather minimums; and
(6) The consumption of fuel and oil after engine failure is the same as the
consumption that is allowed for in the approved net flight path data in the
Airplane Flight Manual.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as
amended by Amdt. 121-143, 43 FR 22641, May 25, 1978]
Sec. 121.193 Transport category airplanes: Turbine engine powered: En route
limitations: Two engines inoperative.
(a) Airplanes certificated after August 26, 1957, but before October 1,
1958 (SR 422). No person may operate a turbine engine powered transport
category airplane along an intended route unless he complies with either of
the following:
(1) There is no place along the intended track that is more than 90 minutes
(with all engines operating at cruising power) from an airport that meets the
requirements of Sec. 121.197.
(2) Its weight, according to the two-engine-inoperative, en route, net
flight path data in the Airplane Flight Manual, allows the airplane to fly
from the point where the two engines are assumed to fail simultaneously to an
airport that meets the requirements of Sec. 121.197, with a net flight path
(considering the ambient temperature anticipated along the track) having a
positive slope at an altitude of at least 1,000 feet above all terrain and
obstructions within five miles on each side of the intended track, or at an
altitude of 5,000 feet, whichever is higher.
For the purposes of paragraph (a)(2) of this section, it is assumed that the
two engines fail at the most critical point en route, that if fuel
jettisoning is provided, the airplane's weight at the point where the engines
fail includes enough fuel to continue to the airport and to arrive at an
altitude of at least 1,000 feet directly over the airport, and that the fuel
and oil consumption after engine failure is the same as the consumption
allowed for in the net flight path data in the Airplane Flight Manual.
(b) Aircraft certificated after September 30, 1958, but before August 30,
1959 (SR 422A). No person may operate a turbine engine powered transport
category airplane along an intended route unless he complies with either of
the following:
(1) There is no place along the intended track that is more than 90 minutes
(with all engines operating at cruising power) from an airport that meets the
requirements of Sec. 121.197.
(2) Its weight, according to the two-engine-inoperative, en route, net
flight path data in the Airplane Flight Manual, allows the airplane to fly
from the point where the two engines are assumed to fail simultaneously to an
airport that meets the requirements of Sec. 121.197, with a net flight path
(considering the ambient temperatures anticipated along the track) having a
positive slope at an altitude of at least 1,000 feet above all terrain and
obstructions within 5 miles on each side of the intended track, or at an
altitude of 2,000 feet, whichever is higher.
For the purposes of paragraph (b)(2) of this section, it is assumed that the
two engines fail at the most critical point en route, that the airplane's
weight at the point where the engines fail includes enough fuel to continue
to the airport, to arrive at an altitude of at least 1,500 feet directly over
the airport, and thereafter to fly for 15 minutes at cruise power or thrust,
or both, and that the consumption of fuel and oil after engine failure is the
same as the consumption allowed for in the net flight path data in the
Airplane Flight Manual.
(c) Aircraft certificated after August 29, 1959 (SR 422B). No person may
operate a turbine engine powered transport category airplane along an
intended route unless he complies with either of the following:
(1) There is no place along the intended track that is more than 90 minutes
(with all engines operating at cruising power) from an airport that meets the
requirements of Sec. 121.197.
(2) Its weight, according to the two-engine inoperative, en route, net
flight path data in the Airplane Flight Manual, allows the airplane to fly
from the point where the two engines are assumed to fail simultaneously to an
airport that meets the requirements of Sec. 121.197, with the net flight path
(considering the ambient temperatures anticipated along the track) clearing
vertically by at least 2,000 feet all terrain and obstructions within five
statute miles (4.34 nautical miles) on each side of the intended track. For
the purposes of this subparagraph, it is assumed that--
(i) The two engines fail at the most critical point en route;
(ii) The net flight path has a positive slope at 1,500 feet above the
airport where the landing is assumed to be made after the engines fail;
(iii) Fuel jettisoning will be approved if the certificate holder shows
that the crew is properly instructed, that the training program is adequate,
and that all other precautions are taken to ensure a safe procedure;
(iv) The airplane's weight at the point where the two engines are assumed
to fail provides enough fuel to continue to the airport, to arrive at an
altitude of at least 1,500 feet directly over the airport, and thereafter to
fly for 15 minutes at cruise power or thrust, or both; and
(v) The consumption of fuel and oil after the engine failure is the same as
the consumption that is allowed for in the net flight path data in the
Airplane Flight Manual.
Sec. 121.195 Transport category airplanes: Turbine engine powered: Landing
limitations: Destination airports.
(a) No person operating a turbine engine powered transport category
airplane may take off that airplane at such a weight that (allowing for
normal consumption of fuel and oil in flight to the destination or alternate
airport) the weight of the airplane on arrival would exceed the landing
weight set forth in the Airplane Flight Manual for the elevation of the
destination or alternate airport and the ambient temperature anticipated at
the time of landing.
(b) Except as provided in paragraph (c), (d), or (e) of this section, no
person operating a turbine engine powered transport category airplane may
take off that airplane unless its weight on arrival, allowing for normal
consumption of fuel and oil in flight (in accordance with the landing
distance set forth in the Airplane Flight Manual for the elevation of the
destination airport and the wind conditions anticipated there at the time of
landing), would allow a full stop landing at the intended destination airport
within 60 percent of the effective length of each runway described below from
a point 50 feet above the intersection of the obstruction clearance plane and
the runway. For the purpose of determining the allowable landing weight at
the destination airport the following is assumed:
(1) The airplane is landed on the most favorable runway and in the most
favorable direction, in still air.
(2) The airplane is landed on the most suitable runway considering the
probable wind velocity and direction and the ground handling characteristics
of the airplane, and considering other conditions such as landing aids and
terrain.
(c) A turbopropeller powered airplane that would be prohibited from being
taken off because it could not meet the requirements of paragraph (b)(2) of
this section, may be taken off if an alternate airport is specified that
meets all the requirements of this section except that the airplane can
accomplish a full stop landing within 70 percent of the effective length of
the runway.
(d) Unless, based on a showing of actual operating landing techniques on
wet runways, a shorter landing distance (but never less than that required by
paragraph (b) of this section) has been approved for a specific type and
model airplane and included in the Airplane Flight Manual, no person may
takeoff a turbojet powered airplane when the appropriate weather reports and
forecasts, or a combination thereof, indicate that the runways at the
destination airport may be wet or slippery at the estimated time of arrival
unless the effective runway length at the destination airport is at least 115
percent of the runway length required under paragraph (b) of this section.
(e) A turbojet powered airplane that would be prohibited from being taken
off because it could not meet the requirements of paragraph (b)(2) of this
section may be taken off if an alternate airport is specified that meets all
the requirements of paragraph (b) of this section.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-9, 30 FR
8572, July 7, 1965]
Sec. 121.197 Transport category airplanes: Turbine engine powered: Landing
limitations: Alternate airports.
No person may list an airport as an alternate airport in a dispatch or
flight release for a turbine engine powered transport category airplane
unless (based on the assumptions in Sec. 121.195 (b)) that airplane at the
weight anticipated at the time of arrival can be brought to a full stop
landing within 70 percent of the effective length of the runway for
turbopropeller powered airplanes and 60 percent of the effective length of
the runway for turbojet powered airplanes, from a point 50 feet above the
intersection of the obstruction clearance plane and the runway. In the case
of an alternate airport for departure, as provided in Sec. 121.617, allowance
may be made for fuel jettisoning in addition to normal consumption of fuel
and oil when determining the weight anticipated at the time of arrival.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-9, 30 FR
8572, July 7, 1965; Amdt. 121-179, 47 FR 33390, Aug. 2, 1982]
Sec. 121.198 Transport category cargo service airplanes: Increased zero
fuel and landing weights.
(a) Notwithstanding the applicable structural provisions of the transport
category airworthiness regulations but subject to paragraphs (b) through (g)
of this section, a certificate holder may operate (for cargo service only)
any of the following transport category airplanes (certificated under Part 4b
of the Civil Air Regulations effective before March 13, 1956) at increased
zero fuel and landing weights--
(1) DC-6A, DC-6B, DC-7B, and DC-7C; and
(2) L1049B, C, D, E, F, G, and H, and the L1649A when modified in
accordance with supplemental type certificate SA 4-1402.
(b) The zero fuel weight (maximum weight of the airplane with no disposable
fuel and oil) and the structural landing weight may be increased beyond the
maximum approved in full compliance with applicable regulations only if the
Administrator finds that--
(1) The increase is not likely to reduce seriously the structural strength;
(2) The probability of sudden fatigue failure is not noticeably increased;
(3) The flutter, deformation, and vibration characteristics do not fall
below those required by applicable regulations; and
(4) All other applicable weight limitations will be met.
(c) No zero fuel weight may be increased by more than five percent, and the
increase in the structural landing weight may not exceed the amount, in
pounds, of the increase in zero fuel weight.
(d) Each airplane must be inspected in accordance with the approved special
inspection procedures, for operations at increased weights, established and
issued by the manufacturer of the type of airplane.
(e) Each airplane operated under this section must be operated in
accordance with the passenger-carrying transport category performance
operating limitations prescribed in this part.
(f) The Airplane Flight Manual for each airplane operated under this
section must be appropriately revised to include the operating limitations
and information needed for operation at the increased weights.
(g) Except as provided for the carrying of persons under Sec. 121.583 each
airplane operated at an increased weight under this section must, before it
is used in passenger service, be inspected under the special inspection
procedures for return to passenger service established and issued by the
manufacturer and approved by the Administrator.
Sec. 121.199 Nontransport category airplanes: Takeoff limitations.
(a) No person operating a nontransport category airplane may take off that
airplane at a weight greater than the weight that would allow the airplane to
be brought to a safe stop within the effective length of the runway, from any
point during the takeoff before reaching 105 percent of minimum control speed
(the minimum speed at which an airplane can be safely controlled in flight
after an engine becomes inoperative) or 115 percent of the power off stalling
speed in the takeoff configuration, whichever is greater.
(b) For the purposes of this section--
(1) It may be assumed that takeoff power is used on all engines during the
acceleration;
(2) Not more than 50 percent of the reported headwind component, or not
less than 150 percent of the reported tailwind component, may be taken into
account;
(3) The average runway gradient (the difference between the elevations of
the endpoints of the runway divided by the total length) must be considered
if it is more than one-half of 1 percent;
(4) It is assumed that the airplane is operating in standard atmosphere;
and
(5) The "effective length of the runway" for takeoff means the distance
from the end of the runway at which the takeoff is started to a point at
which the obstruction clearance plane associated with the other end of the
runway intersects the runway centerline.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132, 41
FR 55475, Dec. 20, 1976]
Sec. 121.201 Nontransport category airplanes: En route limitations: One
engine inoperative.
(a) Except as provided in paragraph (b) of this section, no person
operating a nontransport category airplane may take off that airplane at a
weight that does not allow a rate of climb of at least 50 feet a minute, with
the critical engine inoperative, at an altitude of at least 1,000 feet above
the highest obstruction within five miles on each side of the intended track,
or 5,000 feet, whichever is higher.
(b) Notwithstanding paragraph (a) of this section, if the Administrator
finds that safe operations are not impaired, a person may operate the
airplane at an altitude that allows the airplane, in case of engine failure,
to clear all obstructions within 5 miles on each side of the intended track
by 1,000 feet. If this procedure is used, the rate of descent for the
appropriate weight and altitude is assumed to be 50 feet a minute greater
than the rate in the approved performance data. Before approving such a
procedure, the Administrator considers the following for the route, route
segment, or area concerned:
(1) The reliability of wind and weather forecasting.
(2) The location and kinds of navigation aids.
(3) The prevailing weather conditions, particularly the frequency and
amount of turbulence normally encountered.
(4) Terrain features.
(5) Air traffic control problems.
(6) Any other operational factors that affect the operation.
(c) For the purposes of this section, it is assumed that--
(1) The critical engine is inoperative;
(2) The propeller of the inoperative engine is in the minimum drag
position;
(3) The wing flaps and landing gear are in the most favorable position;
(4) The operating engines are operating at the maximum continuous power
available;
(5) The airplane is operating in standard atmosphere; and
(6) The weight of the airplane is progressively reduced by the anticipated
consumption of fuel and oil.
Sec. 121.203 Nontransport category airplanes: Landing limitations:
Destination airport.
(a) No person operating a nontransport category airplane may take off that
airplane at a weight that--
(1) Allowing for anticipated consumption of fuel and oil, is greater than
the weight that would allow a full stop landing within 60 percent of the
effective length of the most suitable runway at the destination airport; and
(2) Is greater than the weight allowable if the landing is to be made on
the runway--
(i) With the greatest effective length in still air; and
(ii) Required by the probable wind, taking into account not more than 50
percent of the headwind component or not less than 150 percent of the
tailwind component.
(b) For the purposes of this section, it is assumed that--
(1) The airplane passes directly over the intersection of the obstruction
clearance plane and the runway at a height of 50 feet in a steady gliding
approach at a true indicated airspeed of at least 1.3 VSo;
(2) The landing does not require exceptional pilot skill; and
(3) The airplane is operating in standard atmosphere.
Sec. 121.205 Nontransport category airplanes: Landing limitations: Alternate
airport.
No person may list an airport as an alternate airport in a dispatch or
flight release for a nontransport category airplane unless that airplane (at
the weight anticipated at the time of arrival) based on the assumptions
contained in Sec. 121.203, can be brought to a full stop landing within 70
percent of the effective length of the runway.
Sec. 121.207 Provisionally certificated air carrier airplane: Operating
limitations.
In addition to the limitations in Sec. 91.317, the following limitations
apply to the operation of provisionally certificated airplane by air
carriers:
(a) In addition to crewmembers, each air carrier may carry on such an
airplane only those persons who are listed in Sec. 121.547(c) or who are
specifically authorized by both the air carrier and the Administrator.
(b) Each air carrier shall keep a log of each flight conducted under this
section and shall keep accurate and complete records of each inspection made
and all maintenance performed on the airplane. The air carrier shall make the
log and records made under this section available to the manufacturer and the
Administrator.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as
amended by Amdt. 121-206, 54 FR 34331, Aug. 18, 1989]
Effective Date Note: At 54 FR 34331, August 18, 1989, in Sec. 121.207 the
introductory text was amended by changing the cross reference "Sec. 91.41" to
read "Sec. 91.155", effective August 18, 1990.
This subpart prescribes special airworthiness requirements for all
certificate holders.
Sec. 121.213 Special airworthiness requirements: General.
(a) Except as provided in paragraph (b) of this section, no air carrier or
commercial operator may use an airplane powered by aircraft engines rated at
more than 600 horsepower each for maximum continuous operation unless that
airplane meets the requirements of Secs. 121.215 through 121.283.
(b) If the Administrator determines that, for a particular model of
airplane used in cargo service, literal compliance with any requirement under
paragraph (a) of this section would be extremely difficult and that
compliance would not contribute materially to the objective sought, he may
require compliance with only those requirements that are necessary to
accomplish the basic objectives of this part.
(c) This section does not apply to any airplane certificated under--
(1) Part 4b of the Civil Air Regulations as in effect after October 31,
1946;
(2) Part 25; or
(3) Special Civil Air Regulation 422, 422A, or 422B.
Sec. 121.215 Cabin interiors.
(a) Except as provided in Sec. 121.312, each compartment used by the crew
or passengers must meet the requirements of this section.
(b) Materials must be at least flash resistant.
(c) The wall and ceiling linings and the covering of upholstering, floors,
and furnishings must be flame resistant.
(d) Each compartment where smoking is to be allowed must be equipped with
self-contained ash trays that are completely removable and other compartments
must be placarded against smoking.
(e) Each receptacle for used towels, papers, and wastes must be of fire-
resistant material and must have a cover or other means of containing
possible fires started in the receptacles.
[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-84, 37 FR
3974, Feb. 24, 1972]
Sec. 121.217 Internal doors.
In any case where internal doors are equipped with louvres or other
ventilating means, there must be a means convenient to the crew for closing
the flow of air through the door when necessary.
Sec. 121.219 Ventilation.
Each passenger or crew compartment must be suitably ventilated. Carbon
monoxide concentration may not be more than one part in 20,000 parts of air,
and fuel fumes may not be present. In any case where partitions between
compartments have louvres or other means allowing air to flow between
compartments, there must be a means convenient to the crew for closing the
flow of air through the partitions, when necessary.
Sec. 121.221 Fire precautions.
(a) Each compartment must be designed so that, when used for storing cargo
or baggage, it meets the following requirements:
(1) No compartment may include controls, wiring, lines, equipment, or
accessories that would upon damage or failure, affect the safe operation of
the airplane unless the item is adequately shielded, isolated, or otherwise
protected so that it cannot be damaged by movement of cargo in the
compartment and so that damage to or failure of the item would not create a
fire hazard in the compartment.
(2) Cargo or baggage may not interfere with the functioning of the fire-
protective features of the compartment.
(3) Materials used in the construction of the compartments, including tie-
down equipment, must be at least flame resistant.
(4) Each compartment must include provisions for safeguarding against fires
according to the classifications set forth in paragraphs (b) through (f) of
this section.
(b) Class A. Cargo and baggage compartments are classified in the "A"
category if--
(1) A fire therein would be readily discernible to a member of the crew
while at his station; and
(2) All parts of the compartment are easily accessible in flight.
There must be a hand fire extinguisher available for each Class A
compartment.
(c) Class B. Cargo and baggage compartments are classified in the "B"
category if enough access is provided while in flight to enable a member of
the crew to effectively reach all of the compartment and its contents with a
hand fire extinguisher and the compartment is so designed that, when the
access provisions are being used, no hazardous amount of smoke, flames, or
extinguishing agent enters any compartment occupied by the crew or
passengers. Each Class B compartment must comply with the following:
(1) It must have a separate approved smoke or fire detector system to give
warning at the pilot or flight engineer station.
(2) There must be a hand fire extinguisher available for the compartment.
(3) It must be lined with fire-resistant material, except that additional
service lining of flame-resistant material may be used.
(d) Class C. Cargo and baggage compartments are classified in the "C"
category if they do not conform with the requirements for the "A", "B", "D",
or "E" categories. Each Class C compartment must comply with the following:
(1) It must have a separate approved smoke or fire detector system to give
warning at the pilot or flight engineer station.
(2) It must have an approved built-in fire-extinguishing system controlled
from the pilot or flight engineer station.
(3) It must be designed to exclude hazardous quantities of smoke, flames,
or extinguishing agents from entering into any compartment occupied by the
crew or passengers.
(4) It must have ventilation and draft controlled so that the extinguishing
agent provided can control any fire that may start in the compartment.
(5) It must be lined with fire-resistant material, except that additional
service lining of flame-resistant material may be used.
(e) Class D. Cargo and baggage compartments are classified in the "D"
category if they are so designed and constructed that a fire occurring
therein will be completely confined without endangering the safety of the
airplane or the occupants. Each Class D compartment must comply with the
following:
(1) It must have a means to exclude hazardous quantities of smoke, flames,
or noxious gases from entering any compartment occupied by the crew or
passengers.
(2) Ventilation and drafts must be controlled within each compartment so
that any fire likely to occur in the compartment will not progress beyond
safe limits.
(3) It must be completely lined with fire-resistant material.
(4) Consideration must be given to the effect of heat within the
compartment on adjacent critical parts of the airplane.
(f) Class E. On airplanes used for the carriage of cargo only, the cabin
area may be classified as a Class "E" compartment. Each Class E compartment
must comply with the following:
(1) It must be completely lined with fire-resistant material.
(2) It must have a separate system of an approved type smoke or fire
detector to give warning at the pilot or flight engineer station.
(3) It must have a means to shut off the ventilating air flow to or within
the compartment and the controls for that means must be accessible to the
flight crew in the crew compartment.
(4) It must have a means to exclude hazardous quantities of smoke, flames,
or noxious gases from entering the flight crew compartment.
(5) Required crew emergency exits must be accessible under all cargo
loading conditions.
Sec. 121.223 Proof of compliance with Sec. 121.221.
Compliance with those provisions of Sec. 121.221 that refer to compartment
accessibility, the entry of hazardous quantities of smoke or extinguishing
agent into compartments occupied by the crew or passengers, and the
dissipation of the extinguishing agent in Class "C" compartments must be
shown by tests in flight. During these tests it must be shown that no
inadvertent operation of smoke or fire detectors in other compartments within
the airplane would occur as a result of fire contained in any one
compartment, either during the time it is being extinguished, or thereafter,
unless the extinguishing system floods those compartments simultaneously.
Sec. 121.225 Propeller deicing fluid.
If combustible fluid is used for propeller deicing, the certificate holder
must comply with Sec. 121.255.
Sec. 121.227 Pressure cross-feed arrangements.
(a) Pressure cross-feed lines may not pass through parts of the airplane
used for carrying persons or cargo unless--
(1) There is a means to allow crewmembers to shut off the supply of fuel to
these lines; or
(2) The lines are enclosed in a fuel and fume-proof enclosure that is
ventilated and drained to the exterior of the airplane.
However, such an enclosure need not be used if those lines incorporate no
fittings on or within the personnel or cargo areas and are suitably routed or
protected to prevent accidental damage.
(b) Lines that can be isolated from the rest of the fuel system by valves
at each end must incorporate provisions for relieving excessive pressures
that may result from exposure of the isolated line to high temperatures.
Sec. 121.229 Location of fuel tanks.
(a) Fuel tanks must be located in accordance with Sec. 121.255.
(b) No part of the engine nacelle skin that lies immediately behind a major
air outlet from the engine compartment may be used as the wall of an integral
tank.
(c) Fuel tanks must be isolated from personnel compartments by means of
fume- and fuel-proof enclosures.
Sec. 121.231 Fuel system lines and fittings.
(a) Fuel lines must be installed and supported so as to prevent excessive
vibration and so as to be adequate to withstand loads due to fuel pressure
and accelerated flight conditions.
(b) Lines connected to components of the airplanes between which there may
be relative motion must incorporate provisions for flexibility.
(c) Flexible connections in lines that may be under pressure and subject to
axial loading must use flexible hose assemblies rather than hose clamp
connections.
(d) Flexible hose must be of an acceptable type or proven suitable for the
particular application.
Sec. 121.233 Fuel lines and fittings in designated fire zones.
Fuel lines and fittings in each designated fire zone must comply with Sec.
121.259.
Sec. 121.235 Fuel valves.
Each fuel valve must--
(a) Comply with Sec. 121.257;
(b) Have positive stops or suitable index provisions in the "on" and "off"
positions; and
(c) Be supported so that loads resulting from its operation or from
accelerated flight conditions are not transmitted to the lines connected to
the valve.
Sec. 121.237 Oil lines and fittings in designated fire zones.
Oil line and fittings in each designated fire zone must comply with Sec.
121.259.
Sec. 121.239 Oil valves.
(a) Each oil valve must--
(1) Comply with Sec. 121.257;
(2) Have positive stops or suitable index provisions in the "on" and "off"
positions; and
(3) Be supported so that loads resulting from its operation or from
accelerated flight conditions are not transmitted to the lines attached to
the valve.
(b) The closing of an oil shutoff means must not prevent feathering the
propeller, unless equivalent safety provisions are incorporated.
Sec. 121.241 Oil system drains.
Accessible drains incorporating either a manual or automatic means for
positive locking in the closed position, must be provided to allow safe
drainage of the entire oil system.
Sec. 121.243 Engine breather lines.
(a) Engine breather lines must be so arranged that condensed water vapor
that may freeze and obstruct the line cannot accumulate at any point.
(b) Engine breathers must discharge in a location that does not constitute
a fire hazard in case foaming occurs and so that oil emitted from the line
does not impinge upon the pilots' windshield.
(c) Engine breathers may not discharge into the engine air induction
system.
Sec. 121.245 Fire walls.
Each engine, auxiliary power unit, fuel-burning heater, or other item of
combustion equipment that is intended for operation in flight must be
isolated from the rest of the airplane by means of firewalls or shrouds, or
by other equivalent means.
Sec. 121.247 Fire-wall construction.
Each fire wall and shroud must--
(a) Be so made that no hazardous quantity of air, fluids, or flame can pass
from the engine compartment to other parts of the airplane;
(b) Have all openings in the fire wall or shroud sealed with close-fitting
fire-proof grommets, bushings, or firewall fittings;
(c) Be made of fireproof material; and
(d) Be protected against corrosion.
Sec. 121.249 Cowling.
(a) Cowling must be made and supported so as to resist the vibration
inertia, and air loads to which it may be normally subjected.
(b) Provisions must be made to allow rapid and complete drainage of the
cowling in normal ground and flight attitudes. Drains must not discharge in
locations constituting a fire hazard. Parts of the cowling that are subjected
to high temperatures because they are near exhaust system parts or because of
exhaust gas impingement must be made of fireproof material. Unless otherwise
specified in these regulations all other parts of the cowling must be made of
material that is at least fire resistant.
Sec. 121.251 Engine accessory section diaphragm.
Unless equivalent protection can be shown by other means, a diaphragm that
complies with Sec. 121.247 must be provided on air-cooled engines to isolate
the engine power section and all parts of the exhaust system from the engine
accessory compartment.
Sec. 121.253 Powerplant fire protection.
(a) Designated fire zones must be protected from fire by compliance with
Secs. 121.255 through 121.261.
(b) Designated fire zones are--
(1) Engine accessory sections;
(2) Installations where no isolation is provided between the engine and
accessory compartment; and
(3) Areas that contain auxiliary power units, fuel-burning heaters, and
other combustion equipment.
Sec. 121.255 Flammable fluids.
(a) No tanks or reservoirs that are a part of a system containing flammable
fluids or gases may be located in designated fire zones, except where the
fluid contained, the design of the system, the materials used in the tank,
the shutoff means, and the connections, lines, and controls provide
equivalent safety.
(b) At least one-half inch of clear airspace must be provided between any
tank or reservoir and a firewall or shroud isolating a designated fire zone.
Sec. 121.257 Shutoff means.
(a) Each engine must have a means for shutting off or otherwise preventing
hazardous amounts of fuel, oil, deicer, and other flammable fluids from
flowing into, within, or through any designated fire zone. However, means
need not be provided to shut off flow in lines that are an integral part of
an engine.
(b) The shutoff means must allow an emergency operating sequence that is
compatible with the emergency operation of other equipment, such as
feathering the propeller, to facilitate rapid and effective control of fires.
(c) Shutoff means must be located outside of designated fire zones, unless
equivalent safety is provided, and it must be shown that no hazardous amount
of flammable fluid will drain into any designated fire zone after a shut off.
(d) Adequate provisions must be made to guard against inadvertent operation
of the shutoff means and to make it possible for the crew to reopen the
shutoff means after it has been closed.
Sec. 121.259 Lines and fittings.
(a) Each line, and its fittings, that is located in a designated fire zone,
if it carries flammable fluids or gases under pressure, or is attached
directly to the engine, or is subject to relative motion between components
(except lines and fittings forming an integral part of the engine), must be
flexible and fire-resistant with fire-resistant, factory-fixed, detachable,
or other approved fire-resistant ends.
(b) Lines and fittings that are not subject to pressure or to relative
motion between components must be of fire-resistant materials.
Sec. 121.261 Vent and drain lines.
All vent and drain lines and their fittings, that are located in a
designated fire zone must, if they carry flammable fluids or gases, comply
with Sec. 121.259, if the Administrator finds that the rupture or breakage of
any vent or drain line may result in a fire hazard.
Sec. 121.263 Fire-extinguishing systems.
(a) Unless the certificate holder shows that equivalent protection against
destruction of the airplane in case of fire is provided by the use of
fireproof materials in the nacelle and other components that would be
subjected to flame, fire-extinguishing systems must be provided to serve all
designated fire zones.
(b) Materials in the fire-extinguishing system must not react chemically
with the extinguishing agent so as to be a hazard.
Sec. 121.265 Fire-extinguishing agents.
Only methyl bromide, carbon dioxide, or another agent that has been shown
to provide equivalent extinguishing action may be used as a fire-
extinguishing agent. If methyl bromide or any other toxic extinguishing agent
is used, provisions must be made to prevent harmful concentrations of fluid
or fluid vapors from entering any personnel compartment either because of
leakage during normal operation of the airplane or because of discharging the
fire extinguisher on the ground or in flight when there is a defect in the
extinguishing system. If a methyl bromide system is used, the containers must
be charged with dry agent and sealed by the fire-extinguisher manufacturer or
some other person using satisfactory recharging equipment. If carbon dioxide
is used, it must not be possible to discharge enough gas into the personnel
compartments to create a danger of suffocating the occupants.
Sec. 121.267 Extinguishing agent container pressure relief.
Extinguishing agent containers must be provided with a pressure relief to
prevent bursting of the container because of excessive internal pressures.
The discharge line from the relief connection must terminate outside the
airplane in a place convenient for inspection on the ground. An indicator
must be provided at the discharge end of the line to provide a visual
indication when the container has discharged.
Sec. 121.269 Extinguishing agent container compartment temperature.
Precautions must be taken to insure that the extinguishing agent containers
are installed in places where reasonable temperatures can be maintained for
effective use of the extinguishing system.
Sec. 121.271 Fire-extinguishing system materials.
(a) Except as provided in paragraph (b) of this section, each component of
a fire-extinguishing system that is in a designated fire zone must be made of
fireproof materials.
(b) Connections that are subject to relative motion between components of
the airplane must be made of flexible materials that are at least fire-
resistant and be located so as to minimize the probability of failure.
Sec. 121.273 Fire-detector systems.
Enough quick-acting fire detectors must be provided in each designated fire
zone to assure the detection of any fire that may occur in that zone.
Sec. 121.275 Fire detectors.
Fire detectors must be made and installed in a manner that assures their
ability to resist, without failure, all vibration, inertia, and other loads
to which they may be normally subjected. Fire detectors must be unaffected by
exposure to fumes, oil, water, or other fluids that may be present.
Sec. 121.277 Protection of other airplane components against fire.
(a) Except as provided in paragraph (b) of this section, all airplane
surfaces aft of the nacelles in the area of one nacelle diameter on both
sides of the nacelle centerline must be made of material that is at least
fire resistant.
(b) Paragraph (a) of this section does not apply to tail surfaces lying
behind nacelles unless the dimensional configuration of the airplane is such
that the tail surfaces could be affected readily by heat, flames, or sparks
emanating from a designated fire zone or from the engine compartment of any
nacelle.
Sec. 121.279 Control of engine rotation.
(a) Except as provided in paragraph (b) of this section, each airplane must
have a means of individually stopping and restarting the rotation of any
engine in flight.
(b) In the case of turbine engine installations, a means of stopping the
rotation need be provided only if the Administrator finds that rotation could
jeopardize the safety of the airplane.
Sec. 121.281 Fuel system independence.
(a) Each airplane fuel system must be arranged so that the failure of any
one component does not result in the irrecoverable loss of power of more than
one engine.
(b) A separate fuel tank need not be provided for each engine if the
certificate holder shows that the fuel system incorporates features that
provide equivalent safety.
Sec. 121.283 Induction system ice prevention.
A means for preventing the malfunctioning of each engine due to ice
accumulation in the engine air induction system must be provided for each
airplane.
Sec. 121.285 Carriage of cargo in passenger compartments.
(a) Except as provided in paragraph (b) or (c) of this section, no
certificate holder may carry cargo in the passenger compartment of an
airplane.
(b) Cargo may be carried anywhere in the passenger compartment if it is
carried in an approved cargo bin that meets the following requirements:
(1) The bin must withstand the load factors and emergency landing
conditions applicable to the passenger seats of the airplane in which the bin
is installed, multiplied by a factor of 1.15, using the combined weight of
the bin and the maximum weight of cargo that may be carried in the bin.
(2) The maximum weight of cargo that the bin is approved to carry and any
instructions necessary to insure proper weight distribution within the bin
must be conspicuously marked on the bin.
(3) The bin may not impose any load on the floor or other structure of the
airplane that exceeds the load limitations of that structure.
(4) The bin must be attached to the seat tracks or to the floor structure
of the airplane, and its attachment must withstand the load factors and
emergency landing conditions applicable to the passenger seats of the
airplane in which the bin is installed, multiplied by either the factor 1.15
or the seat attachment factor specified for the airplane, whichever is
greater, using the combined weight of the bin and the maximum weight of cargo
that may be carried in the bin.
(5) The bin may not be installed in a position that restricts access to or
use of any required emergency exit, or of the aisle in the passenger
compartment.
(6) The bin must be fully enclosed and made of material that is at least
flame resistant.
(7) Suitable safeguards must be provided within the bin to prevent the
cargo from shifting under emergency landing conditons.
(8) The bin may not be installed in a position that obscures any
passenger's view of the "seat belt" sign "no smoking" sign, or any required
exit sign, unless an auxiliary sign or other approved means for proper
notification of the passenger is provided.
(c) Cargo may be carried aft of a bulkhead or divider in any passenger
compartment provided the cargo is restrained to the load factors in Sec.
25.561(b)(3) and is loaded as follows:
(1) It is properly secured by a safety belt or other tiedown having enough
strength to eliminate the possibility of shifting under all normally
anticipated flight and ground conditions.
(2) It is packaged or covered in a manner to avoid possible injury to
passengers and passenger compartment occupants.
(3) It does not impose any load on seats or the floor structure that
exceeds the load limitation for those components.
(4) Its location does not restrict access to or use of any required
emergency or regular exit, or of the aisle in the passenger compartment.
(5) Its location does not obscure any passenger's view of the "seat belt"
sign, "no smoking" sign, or required exit sign, unless an auxiliary sign or
other approved means for proper notification of the passenger is provided.
[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-179, 47
FR 33390, Aug. 2, 1982]
Sec. 121.287 Carriage of cargo in cargo compartments.
When cargo is carried in cargo compartments that are designed to require
the physical entry of a crewmember to extinguish any fire that may occur
during flight, the cargo must be loaded so as to allow a crewmember to
effectively reach all parts of the compartment with the contents of a hand
fire extinguisher.
Sec. 121.289 Landing gear: Aural warning device.
(a) Except for airplanes that comply with the requirements of Sec. 25.729
of this chapter on or after January 6, 1992, each large airplane must have a
landing gear aural warning device that functions continuously under the
following conditions:
(1) For airplanes with an established approach wing-flap position, whenever
the wing flaps are extended beyond the maximum certificated approach climb
configuration position in the Airplane Flight Manual and the landing gear is
not fully extended and locked.
(2) For airplanes without an established approach climb wing-flap position,
whenever the wing flaps are extended beyond the position at which landing
gear extension is normally performed and the landing gear is not fully
extended and locked.
(b) The warning system required by paragraph (a) of this section--
(1) May not have a manual shutoff;
(2) Must be in addition to the throttle-actuated device installed under the
type certification airworthiness requirements; and
(3) May utilize any part of the throttle-actuated system including the
aural warning device.
(c) The flap position sensing unit may be installed at any suitable place
in the airplane.
SUMMARY: These amendments to the Federal Aviation Regulations (FAR) update
the airworthiness standards for landing gear aural warning systems in
transport category airplanes to reflect current design practices. They
require that if a landing is attempted when the landing gear is not locked
down, the flightcrew must be given an aural warning in sufficient time to
allow the landing gear to be locked down or a go-around to be made. These
amendments state the intent of the current regulations in more objective
terms to eliminate nuisance warnings and to simplify the certification
process.
Sec. 121.291 Demonstration of emergency evacuation procedures.
(a) Except as provided in paragraph (a)(1) of this section, each
certificate holder must conduct an actual demonstration of emergency
evacuation procedures in accordance with paragraph (a) of appendix D to this
part to show that each type and model of airplane with a seating capacity of
more than 44 passengers to be used in its passenger-carrying operations
allows the evacuation of the full capacity, including crewmembers, in 90
seconds or less.
(1) An actual demonstration need not be conducted if that airplane type and
model has been shown to be in compliance with this paragraph in effect on or
after October 24, 1967, or, if during type certification, with Sec. 25.803 of
this chapter in effect on or after December 1, 1978.
(2) Any actual demonstration conducted after September 27, 1993, must be in
accordance with paragraph (a) of Appendix D to this part in effect on or
after that date or with Sec. 25.803 in effect on or after that date.
(b) Each certificate holder must conduct a partial demonstration of
emergency evacuation procedures in accordance with paragraph (c) of this
section upon:
(1) Initial introduction of a type and model of airplane into passenger/
carrying operation, if the certificate holder has not conducted an actual
demonstration under paragraph (a) of this section;
(2) Changing the number, location, or emergency evacuation duties or
procedures of flight attendants who are required by Sec. 121.391; or
(3) Changing the number, location, type of emergency exits, or type of
opening mechanism on emergency exits available for evacuation.
(c) In conducting a partial demonstration each certificate holder must:
(1) Demonstrate the effectiveness of its crewmember emergency training and
evacuation procedures by conducting a demonstration, not requiring passengers
and observed by the Administrator, in which the flight attendants for that
type and model of airplane, using that operator's line operating procedures,
open 50 percent of the required floor-level emergency exits and 50 percent of
the required non-floor-level emergency exits whose opening by a flight
attendant is defined as an emergency evacuation duty under Sec. 121.397, and
deploy 50 percent of the exit slides. The exits and slides will be selected
by the administrator and must be ready for use within 15 seconds;
(2) Apply for and obtain approval from the Flight Standards District Office
maintaining surveillance of its operations before conducting the
demonstration;
(3) Use flight attendants in this demonstration who have been selected at
random by the Administrator, have completed the certificate holder's FAA-
approved training program for the type and model of airplane, and have passed
a written or practical examination on the emergency equipment and procedures;
and
(4) Apply for and obtain approval from the FAA certificate-holding office
having jurisdiction over its operations before commencing operations with
this type and model airplane.
(d) Each certificate holder operating or proposing to operate one or more
landplanes in extended overwater operations, or otherwise required to have
certain equipment under Sec. 121.339, must show, by simulated ditching
conducted in accordance with paragraph (b) of Appendix D to this part, that
it has the ability to efficiently carry out its ditching procedures.
(e) For a type and model airplane for which the simulated ditching
specified in paragraph (d) has been conducted by a Part 121 certificate
holder, the requirements of paragraphs (b)(2), (b)(4), and (b)(5) of Appendix
D to this part are complied with if each life raft is removed from stowage,
one life raft is launched and inflated (or one slide life raft is inflated)
and crewmembers assigned to the inflated life raft display and describe the
use of each item of required emergency equipment. The life raft or slide life
raft to be inflated will be selected by the Administrator.
[Doc. No. 21269, 46 FR 61453, Dec. 17, 1981, as amended by Amdt. 121-233, 58
FR 45230, Aug. 26, 1993]
SUMMARY: These amendments to the airworthiness standards for transport
category airplanes and the operating rules for air carrier operators of such
airplanes modify the procedures for conducting an emergency evacuation
demonstration. These include a requirement that the flightcrew take no active
role in the demonstration, and a change to the age/sex distribution
requirement for demonstration participants. In addition, the airworthiness
standards are amended to standardize the illumination requirements for the
handles of the various types of passenger emergency exits, and to add a
requirement to prevent the inadvertent disabling of the public address system
because of an unstowed microphone. These amendments are intended to enhance
the provisions for egress of occupants of transport category airplanes under
emergency conditions.
This subpart prescribes instrument and equipment requirements for all
certificate holders.
Sec. 121.303 Airplane instruments and equipment.
(a) Unless otherwise specified, the instrument and equipment requirements
of this subpart apply to all operations under this part.
(b) Instruments and equipment required by Secs. 121.305 through 121.359
must be approved and installed in accordance with the airworthiness
requirements applicable to them.
(c) Each airspeed indicator must be calibrated in knots, and each airspeed
limitation and item of related information in the Airplane Flight Manual and
pertinent placards must be expressed in knots.
(d) Except as provided in Secs. 121.627(b) and 121.628, no person may take
off any airplane unless the following instruments and equipment are in
operable condition:
(1) Instruments and equipment required to comply with airworthiness
requirements under which the airplane is type certificated and as required by
Secs. 121.213 through 121.283 and 121.289.
(2) Instruments and equipment specified in Secs. 121.305 through 121.321
and 121.359 for all operations, and the instruments and equipment specified
in Secs. 121.323 through 121.351 for the kind of operation indicated,
wherever these items are not already required by paragraph (d)(1) of this
section.
(3) After September 1, 1976, the instruments and equipment required by Sec.
121.360, unless required earlier--
(i) In a plan issued to the certificate holder by the Administrator to
obtain information on system reliability; or
(ii) In the certificate holder's operations specifications.
SUMMARY: This amendment provides for the development and use of Minimum
Equipment Lists (MEL) for certain single-engine air carrier aircraft. In
addition, this amendment revises the requirements for the use of an MEL to
make them consistent throughout the regulations. This action is needed to
provide for the implementation of MEL authorizations through the issuance of
operations specifications. The changes streamline administrative procedures
and provide greater consistency in the MEL authorization process.
No person may operate an airplane unless it is equipped with the following
flight and navigational instruments and equipment:
(a) An airspeed indicating system with heated pitot tube or equivalent
means for preventing malfunctioning due to icing.
(b) A sensitive altimeter.
(c) A sweep-second hand clock (or approved equivalent).
(d) A free-air temperature indicator.
(e) A gyroscopic bank and pitch indicator (artificial horizon).
(f) A gyroscopic rate-of-turn indicator combined with an integral slip-skid
indicator (turn-and-bank indicator) except that only a slip-skid indicator is
required when a third attitude instrument system usable through flight
attitudes of 360 deg. of pitch and roll is installed in accordance with
paragraph (j) of this section.
(g) A gyroscopic direction indicator (directional gyro or equivalent).
(h) A magnetic compass.
(i) A vertical speed indicator (rate-of-climb indicator).
(j) On large turbojet powered airplanes, and after October 17, 1994, on
large turboprop powered airplanes, in addition to two gyroscopic
bank-and-pitch indicators (artificial horizons) for use at the pilot
stations, a third such instrument that--
(1) Is powered from a source independent of the electrical generating
system;
(2) Continues reliable operation for a minimum of 30 minutes after total
failure of the electrical generating system;
(3) Operates independently of any other attitude indicating system;
(4) Is operative without selection after total failure of the electrical
generating system;
(5) Is located on the instrument panel in a position acceptable to the
Administrator that will make it plainly visible to and usable by any pilot at
his station; and
(6) Is appropriately lighted during all phases of operation.
SUMMARY: On September 15, 1992, the Federal Aviation Administration (FAA)
issued a final rule amending the Federal Aviation Regulations governing,
among other things, flight and navigational equipment (57 FR 42662;
September 15, 1992). This action corrects an error concerning the intent of
the effective date for large turbojet powered airplanes and large turboprop
powered airplanes.
Unless the Administrator allows or requires different instrumentation for
turbine engine powered airplanes to provide equivalent safety, no person may
conduct any operation under this part without the following engine
instruments:
(a) A carburetor air temperature indicator for each engine.
(b) A cylinder head temperature indicator for each air-cooled engine.
(c) A fuel pressure indicator for each engine.
(d) A fuel flowmeter or fuel mixture indicator for each engine not equipped
with an automatic altitude mixture control.
(e) A means for indicating fuel quantity in each fuel tank to be used.
(f) A manifold pressure indicator for each engine.
(g) An oil pressure indicator for each engine.
(h) An oil quantity indicator for each oil tank when a transfer or separate
oil reserve supply is used.
(i) An oil-in temperature indicator for each engine.
(j) A tachometer for each engine.
(k) An independent fuel pressure warning device for each engine or a master
warning device for all engines with a means for isolating the individual
warning circuits from the master warning device.
(l) A device for each reversible propeller, to indicate to the pilot when
the propeller is in reverse pitch, that complies with the following:
(1) The device may be actuated at any point in the reversing cycle between
the normal low pitch stop position and full reverse pitch, but it may not
give an indication at or above the normal low pitch stop position.
(2) The source of indication must be actuated by the propeller blade angle
or be directly responsive to it.
Sec. 121.308 Lavatory fire protection.
(a) After October 29, 1986, no person may operate a passenger-carrying
transport category airplane unless each lavatory in the airplane is equipped
with a smoke detector system or equivalent that provides a warning light in
the cockpit or provides a warning light or audio warning in the passenger
cabin which would be readily detected by a flight attendant, taking into
consideration the positioning of flight attendants throughout the passenger
compartment during various phases of flight.
(b) After April 29, 1987, no person may operate a passenger-carrying
transport category airplane unless each lavatory in the airplane is equipped
with a built-in fire extinguisher for each disposal receptacle for towels,
paper, or waste located within the lavatory. The built-in fire extinguisher
must be designed to discharge automatically into each disposal receptacle
upon occurrence of a fire in the receptacle.
[Doc. No. 24073, 50 FR 12733, Mar. 29, 1985]
Sec. 121.309 Emergency equipment.
(a) General: No person may operate an airplane unless it is equipped with
the emergency equipment listed in this section and in Sec. 121.310.
(b) Each item of emergency and flotation equipment listed in this section
and in Secs. 121.310, 121.339, and 121.340--
(1) Must be inspected regularly in accordance with inspection periods
established in the operations specifications to ensure its condition for
continued serviceability and immediate readiness to perform its intended
emergency purposes;
(2) Must be readily accessible to the crew and, with regard to equipment
located in the passenger compartment, to passengers;
(3) Must be clearly identified and clearly marked to indicate its method of
operation; and
(4) When carried in a compartment or container, must be carried in a
compartment or container marked as to contents and the compartment or
container, or the item itself, must be marked as to date of last inspection.
(c) Hand fire extinguishers for crew, passenger, cargo, and galley
compartments. Hand fire extinguishers of an approved type must be provided
for use in crew, passenger, cargo, and galley compartments in accordance with
the following:
(1) The type and quantity of extinguishing agent must be suitable for the
kinds of fires likely to occur in the compartment where the extinguisher is
intended to be used and, for passenger compartments, must be designed to
minimize the hazard of toxic gas concentrations.
(2) Cargo compartments. At least one hand fire extinguisher must be
conveniently located for use in each class E cargo compartment that is
accessible to crewmembers during flight.
(3) Galley compartments. At least one hand fire extinguisher must be
conveniently located for use in each galley located in a compartment other
than a passenger, cargo, or crew compartment.
(4) Flightcrew compartment. At least one hand fire extinguisher must be
conveniently located on the flight deck for use by the flightcrew.
(5) Passenger compartments. Hand fire extinguishers for use in passenger
compartments must be conveniently located and, when two or more are required,
uniformly distributed throughout each compartment. Hand fire extinguishers
shall be provided in passenger compartments as follows:
(i) For airplanes having passenger seats accommodating more than 6 but
fewer than 31 passengers, at least one.
(ii) For airplanes having passenger seats accommodating more than 30 but
fewer than 61 pasngers, at least two.
(iii) For airplanes having passenger seats accommodating more than 60
passengers, there must be at least the following number of hand fire
extinguishers:
Minimum Number of Hand Fire
Extinguishers
Passenger seating accommodations:
61 through 200 3
201 through 300 4
301 through 400 5
401 through 500 6
501 through 600 7
601 or more 8
(6) Notwithstanding the requirement for uniform distribution of hand fire
extinguishers as prescribed in paragraph (c)(5) of this section, for those
cases where a galley is located in a passenger compartment, at least one hand
fire extinguisher must be conveniently located and easily accessible for use
in the galley.
(7) At least two of the required hand fire extinguishers installed in
passenger-carrying airplanes must contain Halon 1211
(bromochlorofluoromethane) or equivalent as the extinguishing agent.
(d) First-aid and emergency medical equipment. Approved first-aid kits and,
on passenger flights, an emergency medical kit for treatment of injuries or
medical emergencies that might occur during flight time or in minor accidents
must be provided and must meet the specifications and requirements of
Appendix A.
(e) Crash ax. Each airplane must be equipped with a crash ax.
(f) Megaphones. Each passenger-carrying airplane must have a portable
battery-powered megaphone or megaphones readily accessible to the crewmembers
assigned to direct emergency evacuation, installed as follows:
(1) One megaphone on each airplane with a seating capacity of more than 60
and less than 100 passengers, at the most rearward location in the passenger
cabin where it would be readily accessible to a normal flight attendant seat.
However, the Administrator may grant a deviation from the requirements of
this subparagraph if he finds that a different location would be more useful
for evacuation of persons during an emergency.
(2) Two megaphones in the passenger cabin on each airplane with a seating
capacity of more than 99 passengers, one installed at the forward end and the
other at the most rearward location where it would be readily accessible to a
normal flight attendant seat.
SUMMARY: This final rule amends the Federal Aviation Regulations by requiring
operators and certificate holders to allow the use of approved child
restraint systems and by updating certain regulations concerning passenger
and crewmember safety, attitude indicators, and check airmen. This action is
in response to requests from the public, consumer groups, and Congress;
reports from FAA inspectors; and investigations and recommendations by the
National Transportation Safety Board. The rule is intended to increase the
safety of crewmembers and passengers on board aircraft and to update other
operational amendments.
(a) Means for emergency evacuation. Each passenger-carrying landplane
emergency exit (other than over-the-wing) that is more than 6 feet from the
ground with the airplane on the ground and the landing gear extended, must
have an approved means to assist the occupants in descending to the ground.
The assisting means for a floor-level emergency exit must meet the
requirements of Sec. 25.809(f)(1) of this chapter in effect on April 30,
1972, except that, for any airplane for which the application for the type
certificate was filed after that date, it must meet the requirements under
which the airplane was type certificated. An assisting means that deploys
automatically must be armed during taxiing, takeoffs, and landings. However,
if the Administrator finds that the design of the exit makes compliance
impractical, he may grant a deviation from the requirement of automatic
deployment if the assisting means automatically erects upon deployment and,
with respect to required emergency exits, if an emergency evacuation
demonstration is conducted in accordance with Sec. 121.291(a). This paragraph
does not apply to the rear window emergency exit of DC-3 airplanes operated
with less than 36 occupants, including crewmembers and less than five exits
authorized for passenger use.
(b) Interior emergency exit marking. The following must be complied with
for each passenger-carrying airplane:
(1) Each passenger emergency exit, its means of access, and its means of
opening must be conspicuously marked. The identity and location of each
passenger emergency exit must be recognizable from a distance equal to the
width of the cabin. The location of each passenger emergency exit must be
indicated by a sign visible to occupants approaching along the main passenger
aisle. There must be a locating sign--
(i) Above the aisle near each over-the-wing passenger emergency exit, or at
another ceiling location if it is more practical because of low headroom;
(ii) Next to each floor level passenger emergency exit, except that one
sign may serve two such exits if they both can be seen readily from that
sign; and
(iii) On each bulkhead or divider that prevents fore and aft vision along
the passenger cabin, to indicate emergency exits beyond and obscured by it,
except that if this is not possible the sign may be placed at another
appropriate location.
(2) Each passenger emergency exit marking and each locating sign must meet
the following:
(i) For an airplane for which the application for the type certificate was
filed prior to May 1, 1972, each passenger emergency exit marking and each
locating sign must be manufactured to meet the requirements of Sec. 25.812(b)
of this chapter in effect on April 30, 1972. On these airplanes, no sign may
continue to be used if its luminescence (brightness) decreases to below 100
microlamberts. The colors may be reversed if it increases the emergency
illumination of the passenger compartment. However, the Administrator may
authorize deviation from the 2-inch background requirements if he finds that
special circumstances exist that make compliance impractical and that the
proposed deviation provides an equivalent level of safety.
(ii) For an airplane for which the application for the type certificate was
filed on or after May 1, 1972, each passenger emergency exit marking and each
locating sign must be manufactured to meet the interior emergency exit
marking requirements under which the airplane was type certificated. On these
airplanes, no sign may continue to be used if its luminescence (brightness)
decreases to below 250 microlamberts.
(c) Lighting for interior emergency exit markings. Each passenger-carrying
airplane must have an emergency lighting system, independent of the main
lighting system. However, sources of general cabin illumination may be common
to both the emergency and the main lighting systems if the power supply to
the emergency lighting system is independent of the power supply to the main
lighting system. The emergency lighting system must--
(1) Illuminate each passenger exit marking and locating sign;
(2) Provide enough general lighting in the passenger cabin so that the
average illumination when measured at 40-inch intervals at seat armrest
height, on the centerline of the main passenger aisle, is at least 0.05 foot-
candles; and
(3) For airplanes type certificated after January 1, 1958, after November
26, 1986, include floor proximity emergency escape path marking which meets
the requirements of Sec. 25.812(e) of this chapter in effect on November 26,
1984.
(d) Emergency light operation. Except for lights forming part of emergency
lighting subsystems provided in compliance with Sec. 25.812(h) of this
chapter (as prescribed in paragraph (h) of this section) that serve no more
than one assist means, are independent of the airplane's main emergency
lighting systems, and are automatically activated when the assist means is
deployed, each light required by paragraphs (c) and (h) of this section must
comply with the following:
(1) Until July 1, 1971, each light must be operable manually, and must
operate automatically from the independent lighting system--
(i) In a crash landing; or
(ii) Whenever the airplane's normal electric power to the light is
interrupted.
(2) After June 30, 1971, each light must--
(i) Be operable manually both from the flight crew station and from a point
in the passenger compartment that is readily accessible to a normal flight
attendant seat;
(ii) Have a means to prevent inadvertent operation of the manual controls,
and
(iii) When armed or turned on at either station, remain lighted or become
lighted upon interruption of the airplane's normal electric power.
Each light must be armed or turned on during taxiing, takeoff, and landing.
In showing compliance with this paragraph a transverse vertical separation of
the fuselage need not be considered.
(3) After May 1, 1974, each light must provide the required level of
illumination for at least 10 minutes at the critical ambient conditions after
emergency landing.
(4) After December 1, 1980, each light must have a cockpit control device
that has an "on", "off", and "armed" position.
(e) Emergency exit operating handles. (1) For a passenger-carrying airplane
for which the application for the type certificate was filed prior to May 1,
1972, the location of each passenger emergency exit operating handle, and
instructions for opening the exit, must be shown by a marking on or near the
exit that is readable from a distance of 30 inches. In addition, for each
Type I and Type II emergency exit with a locking mechanism released by rotary
motion of the handle, the instructions for opening must be shown by--
(i) A red arrow with a shaft at least three-fourths inch wide and a head
twice the width of the shaft, extending along at least 70 deg. of arc at a
radius approximately equal to three-fourths of the handle length; and
(ii) The word "open" in red letters 1 inch high placed horizontally near
the head of the arrow.
(2) For a passenger-carrying airplane for which the application for the
type certificate was filed on or after May 1, 1972, the location of each
passenger emergency exit operating handle and instructions for opening the
exit must be shown in accordance with the requirements under which the
airplane was type certificated. On these airplanes, no operating handle or
operating handle cover may continue to be used if its luminescence
(brightness) decreases to below 100 microlamberts.
(f) Emergency exit access. Access to emergency exits must be provided as
follows for each passenger-carrying airplane:
(1) Each passage way between individual passenger areas, or leading to a
Type I or Type II emergency exit, must be unobstructed and at least 20 inches
wide.
(2) There must be enough space next to each Type I or Type II emergency
exit to allow a crewmember to assist in the evacuation of passengers without
reducing the unobstructed width of the passageway below that required in
paragraph (f)(1) of this section. However the Administrator may authorize
deviation from this requirement for an airplane certificated under the
provisions of Part 4b of the Civil Air Regulations in effect before December
20, 1951, if he finds that special circumstances exist that provide an
equivalent level of safety.
(3) There must be access from the main aisle to each Type III and Type IV
exit. The access from the aisle to these exits must not be obstructed by
seats, berths, or other protrusions in a manner that would reduce the
effectiveness of the exit. In addition--
(i) For an airplane for which the application for the type certificate was
filed prior to May 1, 1972, the access must meet the requirements of Sec.
25.813(c) of this chapter in effect on April 30, 1972; and
(ii) For an airplane for which the application for the type certificate was
filed on or after May 1, 1972, the access must meet the emergency exit access
requirements under which the airplane was type certificated; except that,
(iii) After December 3, 1992, the access for an airplane type certificated
after January 1, 1958, must meet the requirements of Sec. 25.813(c) of this
chapter, effective June 3, 1992.
(iv) Contrary provisions of this section notwithstanding, the Manager of
the Transport Airplane Directorate, Aircraft Certification Service, Federal
Aviation Administration, may authorize deviation from the requirements of
paragraph (f)(3)(iii) of this section if it is determined that special
circumstances make compliance impractical. Such special circumstances
include, but are not limited to, the following conditions when they preclude
achieving compliance with Sec. 25.813(c)(1)(i) or (ii) without a reduction in
the total number of passenger seats: emergency exits located in close
proximity to each other; fixed installations such as lavatories, galleys,
etc.; permanently mounted bulkheads; an insufficient number of rows ahead of
or behind the exit to enable compliance without a reduction in the seat row
pitch of more than one inch; or an insufficient number of such rows to enable
compliance without a reduction in the seat row pitch to less than 30 inches.
A request for such grant of deviation must include credible reasons as to why
literal compliance with Sec. 25.813(c)(1)(i) or (ii) is impractical and a
description of the steps taken to achieve a level of safety as close to that
intended by Sec. 25.813(c)(1)(i) or (ii) as is practical.
(v) The Manager of the Transport Airplane Directorate, Aircraft
Certification Service, Federal Aviation Administration, may also authorize a
compliance date later than December 3, 1992, if it is determined that special
circumstances make compliance by that date impractical. A request for such
grant of deviation must outline the airplanes for which compliance will be
achieved by December 3, 1992, and include a proposed schedule for incremental
compliance of the remaining airplanes in the operator's fleet. In addition,
the request must include credible reasons why compliance cannot be achieved
earlier.
(4) If it is necessary to pass through a passageway between passenger
compartments to reach any required emergency exit from any seat in the
passenger cabin, the passageway must not be obstructed. However, curtains may
be used if they allow free entry through the passageway.
(5) No door may be installed in any partition between passenger
compartments.
(6) If it is necessary to pass through a doorway separating the passenger
cabin from other areas to reach required emergency exit from any passenger
seat, the door must have a means to latch it in open position, and the door
must be latched open during each takeoff and landing. The latching means must
be able to withstand the loads imposed upon it when the door is subjected to
the ultimate inertia forces, relative to the surrounding structure, listed in
Sec. 25.561(b) of this chapter.
(g) Exterior exit markings. Each passenger emergency exit and the means of
opening that exit from the outside must be marked on the outside of the
airplane. There must be a 2-inch colored band outlining each passenger
emergency exit on the side of the fuselage. Each outside marking, including
the band, must be readily distinguishable from the surrounding fuselage area
by contrast in color. The markings must comply with the following:
(1) If the reflectance of the darker color is 15 percent or less, the
reflectance of the lighter color must be at least 45 percent.
(2) If the reflectance of the darker color is greater than 15 percent, at
least a 30 percent difference between its reflectance and the reflectance of
the lighter color must be provided.
(3) Exits that are not in the side of the fuselage must have the external
means of opening and applicable instructions marked conspicuously in red or,
if red is inconspicuous against the background color, in bright chrome yellow
and, when the opening means for such an exit is located on only one side of
the fuselage, a conspicuous marking to that effect must be provided on the
other side. "Reflectance" is the ratio of the luminous flux reflected by a
body to the luminous flux it receives.
(h) Exterior emergency lighting and escape route. (1) Each passenger-
carrying airplane must be equipped with exterior lighting that meets the
following requirements:
(i) For an airplane for which the application for the type certificate was
filed prior to May 1, 1972, the requirements of Sec. 25.812 (f) and (g) of
this chapter in effect on April 30, 1972.
(ii) For an airplane for which the application for the type certificate was
filed on or after May 1, 1972, the exterior emergency lighting requirements
under which the airplane was type certificated.
(2) Each passenger-carrying airplane must be equipped with a slip-resistant
escape route that meets the following requirements:
(i) For an airplane for which the application for the type certificate was
filed prior to May 1, 1972, the requirements of Sec. 25.803(e) of this
chapter in effect on April 30, 1972.
(ii) For an airplane for which the application for the type certificate was
filed on or after May 1, 1972, the slip-resistant escape route requirements
under which the airplane was type certificated.
(i) Floor level exits. Each floor level door or exit in the side of the
fuselage (other than those leading into a cargo or baggage compartment that
is not accessible from the passenger cabin) that is 44 or more inches high
and 20 or more inches wide, but not wider than 46 inches, each passenger
ventral exit (except the ventral exits on M-404 and CV-240 airplanes), and
each tail cone exit, must meet the requirements of this section for floor
level emergency exits. However, the Administrator may grant a deviation from
this paragraph if he finds that circumstances make full compliance
impractical and that an acceptable level of safety has been achieved.
(j) Additional emergency exits. Approved emergency exits in the passenger
compartments that are in excess of the minimum number of required emergency
exits must meet all of the applicable provisions of this section except
paragraphs (f)(1), (2), and (3) of this section and must be readily
accessible.
(k) After August 28, 1973, on each large passenger-carrying turbojet-
powered airplane, each ventral exit and tailcone exit must be--
(1) Designed and constructed so that it cannot be opened during flight; and
(2) Marked with a placard readable from a distance of 30 inches and
installed at a conspicuous location near the means of opening the exit,
stating that the exit has been designed and constructed so that it cannot be
opened during flight.
(l) Portable lights. After December 1, 1980, no person may operate a
passenger-carrying airplane unless it is equipped with flashlight stowage
provisions accessible from each flight attendant seat.
57 FR 19220, No. 86, May 4, 1992
Corrected. 57 FR 29120, No. 126, June 30, 1992
SUMMARY: This amendment revises the Federal Aviation Regulations (FAR) to
require improved access to the Type III emergency exits (typically smaller
over-wing exits) in transport category airplanes with 60 or more passenger
seats. These changes are the result of tests that were conducted at the
FAA's Civil Aeromedical Institute (CAMI), and are intended to improve the
ability of occupants to evacuate an airplane under emergency conditions. They
affect air carriers and commercial operators of transport category airplanes
as well as the manufacturers of such airplanes.
Sec. 121.311 Seats, safety belts, and shoulder harnesses.
(a) No person may operate an airplane unless there are available during the
takeoff, en route flight, and landing--
(1) An approved seat or berth for each person on board the airplane who has
reached his second birthday; and
(2) An approved safety belt for separate use by each person on board the
airplane who has reached his second birthday, except that two persons
occupying a berth may share one approved safety belt and two persons
occupying a multiple lounge or divan seat may share one approved safety belt
during en route flight only.
(b) Except as provided in this paragraph, each person on board an airplane
operated under this part shall occupy an approved seat or berth with a
separate safety belt properly secured about him or her during movement on the
surface, takeoff, and landing. A safety belt provided for the occupant of a
seat may not be used by more than one person who has reached his or her
second birthday. Notwithstanding the preceding requirements, a child may:
(1) Be held by an adult who is occupying an approved seat or berth if that
child has not reached his or her second birthday; or
(2) Notwithstanding any other requirement of this chapter, occupy an
approved child restraint system furnished by the certificate holder or one of
the persons described in paragraph (b)(2)(i) of this section, provided:
(i) The child is accompanied by a parent, guardian, or attendant designated
by the child's parent or guardian to attend to the safety of the child during
the flight;
(ii) The approved child restraint system bears one or more labels as
follows:
(A) Seats manufactured to U.S. standards between January 1, 1981, and
February 25, 1985, must bear the label: "This child restraint system conforms
to all applicable Federal motor vehicle safety standards." Vest- and harness-
type child restraint systems manufactured before February 26, 1985, bearing
such a label are not approved for the purposes of this section;
(B) Seats manufactured to U.S. standards on or after February 26, 1985,
must bear two labels:
(1) "This child restraint system conforms to all applicable Federal motor
vehicle safety standards"; and
(2) "THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT" in
red lettering;
(C) Seats that do not qualify under paragraphs (b)(2)(ii)(A) and
(b)(2)(ii)(B) of this section must bear either a label showing approval of a
foreign government or a label showing that the seat was manufactured under
the standards of the United Nations; and
(iii) The certificate holder complies with the following requirements:
(A) The restraint system must be properly secured to an approved forward-
facing seat or berth;
(B) The child must be properly secured in the restraint system and must not
exceed the specified weight limit for the restraint system; and
(C) The restraint system must bear the appropriate label(s).
(c) No certificate holder may prohibit a child, if requested by the child's
parent, guardian, or designated attendant, from occupying a child restraint
system furnished by the child's parent, guardian, or designated attendant,
provided the child holds a ticket for an approved seat or berth, or such seat
or berth is otherwise made available by the certificate holder for the
child's use, and the requirements contained in paragraphs (b)(2)(i) through
(b)(2)(iii) of this section are met. This section does not prohibit the
certificate holder from providing child restraint systems or, consistent with
safe operating practices, determining the most appropriate passenger seat
location for the child restraint system.
(d) Each sideward facing seat must comply with the applicable
requirements of Sec. 25.785(c) of this chapter.
(e) Except as provided in paragraphs (d) (1) and (2) of this section, no
certificate holder may take off or land an airplane unless each passenger
seat back is in the upright position. Each passenger shall comply with
instructions given by a crewmember in compliance with this paragraph.
(1) This paragraph does not apply to seat backs placed in other than the
upright position in compliance with Sec. 121.310(f)(3).
(2) This paragraph does not apply to seats on which cargo or persons who
are unable to sit erect for a medical reason are carried in accordance with
procedures in the certificate holder's manual if the seat back does not
obstruct any passenger's access to the aisle or to any emergency exit.
(f) No person may operate a transport category airplane that was type
certificated after January 1, 1958, unless it is equipped at each flight deck
station with a combined safety belt and shoulder harness that meets the
applicable requirements specified in Sec. 25.785 of this chapter, effective
March 6, 1980, except that--
(1) Shoulder harnesses and combined safety belt and shoulder harnesses that
were approved and installed before March 6, 1980, may continue to be used;
and
(2) Safety belt and shoulder harness restraint systems may be designed to
the inertia load factors established under the certification basis of the
airplane.
(g) Each flight attendant must have a seat for takeoff and landing in the
passenger compartment that meets the requirements of Sec. 25.785 of this
chapter, effective March 6, 1980, except that--
(1) Combined safety belt and shoulder harnesses that were approved and
installed before March, 6, 1980, may continue to be used; and
(2) Safety belt and shoulder harness restraint systems may be designed to
the inertia load factors established under the certification basis of the
airplane.
(3) The requirements of Sec. 25.785(h) do not apply to passenger seats
occupied by flight attendants not required by Sec. 121.391.
(h) Each occupant of a seat equipped with a combined safety belt and
shoulder harness must have the combined safety belt and shoulder harness
properly secured about that occupant during takeoff and landing and be able
to properly perform assigned duties.
(i) At each unoccupied seat, the safety belt and shoulder harness, if
installed, must be secured so as not to interfere with crewmembers in the
performance of their duties or with the rapid egress of occupants in an
emergency.
SUMMARY: This final rule amends the Federal Aviation Regulations by requiring
operators and certificate holders to allow the use of approved child
restraint systems and by updating certain regulations concerning passenger
and crewmember safety, attitude indicators, and check airmen. This action is
in response to requests from the public, consumer groups, and Congress;
reports from FAA inspectors; and investigations and recommendations by the
National Transportation Safety Board. The rule is intended to increase the
safety of crewmembers and passengers on board aircraft and to update other
operational amendments.
(a) Except for those materials covered by paragraph (b) of this section,
all materials in each compartment used by the crewmembers or passengers must
meet the requirements of Sec. 25.853 of this chapter in effect as follows or
later amendment thereto:
(1) All airplanes manufactured on or after August 20, 1988, but prior to
August 20, 1990, must comply with the heat release rate testing provisions of
Sec. 25.853(a-1) in effect on August 20, 1986 or the date of a later
amendment thereto, except that the total heat release over the first 2
minutes of sample exposure must not exceed 100 kilowatt minutes per square
meter and the peak heat release rate must not exceed 100 kilowatts per square
meter.
(2) All airplanes manufactured on or after August 20, 1990, must comply
with the heat release rate and smoke testing provisions of Sec. 25.853(a-1)
in effect on September 26, 1988.
(3) Upon the first substantially complete replacement of the cabin interior
prior to August 20, 1988.
(i) An airplane for which the application for type certificate was filed
prior to May 1, 1972, must comply with the provisions of Sec. 25.853 in
effect on April 30, 1972;
(ii) An airplane for which the application for type certificate was filed
on or after May 1, 1972, must comply with the materials requirements under
which the airplane was type certificated.
(4) Upon the first substantially complete replacement of the cabin interior
on or after August 20, 1988, airplanes type certificated on or before January
1, 1958, must comply with the provisions of Sec. 25.853 in effect on April
30, 1972.
(5) Upon the first substantially complete replacement of the cabin interior
components subject to Sec. 25.853(a-1) on or after August 20, 1988, but prior
to August 20, 1990, airplanes type certificated after January 1, 1958, must
comply with the heat release rate testing provisions of that paragraph in
effect on August 20, 1986, or the date of a later amendment thereto, except
that the total heat release over the first 2 minutes of sample exposure shall
not exceed 100 kilowatt-minutes per square meter, and the peak heat release
rate shall not exceed 100 kilowatts per square meter.
(6) Upon the first substantially complete replacement of the cabin interior
components identified in Sec. 25.853(a-1) on or after August 20, 1990,
airplanes type certificated after January 1, 1958, must comply with the heat
release rate and smoke testing provisions of that paragraph in effect on
September 26, 1988.
(7) Contrary provisions of this section notwithstanding, the Manager of the
Transport Airplane Directorate, Aircraft Certification Service, Federal
Aviation Administration, may authorize deviation from the requirements of
paragraph (a)(1), (a)(2), (a)(5), or (a)(6) of this section for specific
components of the cabin interior which do not meet applicable flammability
and smoke emission requirements, if the determination is made that special
circumstances exist that make compliance impractical. Such grants of
deviation will be limited to those airplanes manufactured within 1 year after
the applicable date specified in this section and those airplanes in which
the interior is replaced within 1 year of that date. A request for such grant
of deviation must include a thorough and accurate analysis of each component
subject to Sec. 25.853(a-1), the steps being taken to achieve compliance,
and, for the few components for which timely compliance will not be achieved,
credible reasons for such noncompliance.
(b) For airplanes type certificated after January 1, 1958, after November
26, 1987, seat cushions, except those on flight crewmember seats, in any
compartment occupied by crew or passengers must comply with the requirements
pertaining to fire protection of seat cushions in Sec. 25.853(c), effective
November 26, 1984, and Appendix F to Part 25 of this chapter, effective
November 26, 1984.
[Amdt. 121-84, 37 FR 3975, Feb. 24, 1972, as amended by Amdt. 121-184, 49 FR
43200, Oct. 26, 1984; Amdt. 121-189, 51 FR 26221, July 21, 1986; Amdt. 121-
198, 53 FR 32581, Aug. 25, 1988]
Sec. 121.313 Miscellaneous equipment.
No person may conduct any operation unless the following equipment is
installed in the airplane:
(a) If protective fuses are installed on an airplane, the number of spare
fuses approved for that airplane and appropriately described in the
certificate holder's manual.
(b) A windshield wiper or equivalent for each pilot station.
(c) A power supply and distribution system that meets the requirements of
Secs. 25.1309, 25.1331, 25.1351(a) and (b)(1) through (4), 25.1353, 25.1355,
and 25.1431(b) or that is able to produce and distribute the load for the
required instruments and equipment, with use of an external power supply if
any one power source or component of the power distribution system fails. The
use of common elements in the system may be approved if the Administrator
finds that they are designed to be reasonably protected against
malfunctioning. Engine-driven sources of energy, when used, must be on
separate engines.
(d) A means for indicating the adequacy of the power being supplied to
required flight instruments.
(e) Two independent static pressure systems, vented to the outside
atmospheric pressure so that they will be least affected by air flow
variation or moisture or other foreign matter, and installed so as to be
airtight except for the vent. When a means is provided for transferring an
instrument from its primary operating system to an alternate system, the
means must include a positive positioning control and must be marked to
indicate clearly which system is being used.
(f) A door between the passenger and pilot compartments, with a locking
means to prevent passengers from opening it without the pilot's permission.
(g) A key for each door that separates a passenger compartment from another
compartment that has emergency exit provisions. The key must be readily
available for each crewmember.
(h) A placard on each door that is the means of access to a required
passenger emergency exit, to indicate that it must be open during takeoff and
landing.
(i) A means for the crew, in an emergency to unlock each door that leads to
a compartment that is normally accessible to passengers and that can be
locked by passengers.
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-5, 30 FR
6113, Apr. 30, 1965]
Sec. 121.314 Cargo and baggage compartments.
(a) After March 20, 1991, each Class C or D compartment, as defined in Sec.
25.857 of Part 25 of this Chapter, greater than 200 cubic feet in volume in a
transport category airplane type certificated after January 1, 1958, must
have ceiling and sidewall liner panels which are constructed of:
(1) Glass fiber reinforced resin;
(2) Materials which meet the test requirements of Part 25, Appendix F, Part
III of this Chapter; or
(3) In the case of liner installations approved prior to March 20, 1989,
aluminum.
(b) For compliance with this section, the term "liner" includes any design
feature, such as a joint or fastener, which would affect the capability of
the liner to safely contain a fire.
[Doc. No. 25430, 54 FR 7389, Feb. 17, 1989]
Sec. 121.315 Cockpit check procedure.
(a) Each certificate holder shall provide an approved cockpit check
procedure for each type of aircraft.
(b) The approved procedures must include each item necessary for flight
crewmembers to check for safety before starting engines, taking off, or
landing, and in engine and systems emergencies. The procedures must be
designed so that a flight crewmember will not need to rely upon his memory
for items to be checked.
(c) The approved procedures must be readily usable in the cockpit of each
aircraft and the flight crew shall follow them when operating the aircraft.
Sec. 121.316 Fuel tanks.
Each turbine powered transport category airplane operated after October 30,
1991, must meet the requirements of Sec. 25.963(e) of this Chapter in effect
on October 30, 1989.
[Doc. No. 25614, 54 FR 40354, Sept. 29, 1989]
Sec. 121.317 Passenger information.
(a) No person may operate an airplane unless it is equipped with passenger
information signs that meet the requirements of Sec. 25.791 of this chapter.
The signs must be constructed so that the crewmembers can turn them on and
off.
(b) The "Fasten Seat Belt" sign shall be turned on during any movement on
the surface, for each takeoff, for each landing, and at any other time
considered necessary by the pilot in command.
(c) No person may operate an aircraft on a flight segment on which smoking
is prohibited unless the "No Smoking" passenger information signs are lighted
during the entire flight segment, or one or more "No Smoking" placards
meeting the requirements of Sec. 25.1541 are posted during the entire flight
segment. If both the lighted signs and the placards are used, the signs must
remain lighted during the entire flight segment. Smoking is prohibited on
scheduled flight segments:
(1) Between any two points within Puerto Rico, the United States Virgin
Islands, the District of Columbia, or any State of the United States (other
than Alaska or Hawaii) or between any two points in any one of the above-
mentioned jurisdictions (other than Alaska or Hawaii);
(2) Within the State of Alaska or within the State of Hawaii; or
(3) Scheduled in the current Worldwide or North American Edition of the
Official Airline Guide for 6 hours or less in duration and between any point
listed in paragraph (c) (1) of this section and any point in Alaska or
Hawaii, or between any point in Alaska and any point in Hawaii.
(d) No person may operate a passenger-carrying airplane under this part
unless at least one legible sign or placard that reads "Fasten Seat Belt
While Seated" is visible from each passenger seat. These signs or placards
need not meet the requirements of paragraph (a) of this section.
(e) No person may operate an airplane unless there is installed in each
lavatory a sign or placard that reads: "Federal law provides for a penalty
of up to $2,000 for tampering with the smoke detector installed in this
lavatory." These signs or placards need not meet the requirements of
paragraph (a) of this section.
(f) Each passenger required by Sec. 121.311(b) to occupy a seat or berth
shall fasten his or her safety belt about him or her and keep it fastened
while the "Fasten Seat Belt" sign is lighted.
(g) No person may smoke while a "No Smoking" sign is lighted or if "No
Smoking" placards are posted, except that the pilot in command may authorize
smoking on the flight deck except during airplane movement on the surface,
takeoff, or landing.
(h) No person may smoke in any airplane lavatory.
(i) No person may tamper with, disable, or destroy any smoke detector
installed in any airplane lavatory.
(j) On flight segments other than those described in paragraph (c) of this
section, the "No Smoking" sign must be turned on during any movement on the
surface, for each takeoff, for each landing, and at any other time considered
necessary by the pilot in command.
(k) Each passenger shall comply with instructions given him or her by
crewmembers regarding compliance with paragraphs (f), (g), and (h) of this
section.
SUMMARY: This final rule amends the Federal Aviation Regulations by requiring
operators and certificate holders to allow the use of approved child
restraint systems and by updating certain regulations concerning passenger
and crewmember safety, attitude indicators, and check airmen. This action is
in response to requests from the public, consumer groups, and Congress;
reports from FAA inspectors; and investigations and recommendations by the
National Transportation Safety Board. The rule is intended to increase the
safety of crewmembers and passengers on board aircraft and to update other
operational amendments.
No person may operate an airplane with a seating capacity of more than 19
passengers unless it is equipped with a public address system which--
(a) Is capable of operation independent of the crewmember interphone system
required by Sec. 121.319, except for handsets, headsets, microphones,
selector switches, and signaling devices;
(b) Is approved in accordance with Sec. 21.305 of this chapter;
(c) Is accessible for immediate use from each of two flight crewmember
stations in the pilot compartment;
(d) For each required floor-level passenger emergency exit which has an
adjacent flight attendant seat, has a microphone which is readily accessible
to the seated flight attendant, except that one microphone may serve more
than one exit, provided the proximity of the exits allows unassisted verbal
communication between seated flight attendants;
(e) Is capable of operation within 10 seconds by a flight attendant at each
of those stations in the passenger compartment from which its use is
accessible;
(f) Is audible at all passenger seats, lavatories, and flight attendant
seats and work stations; and
(g) For transport category airplanes manufactured on or after November 27,
1990, meets the requirements of Sec. 25.1423 of this chapter.
[Doc. No. 24995, 54 FR 43926, Oct. 27, 1989]
Sec. 121.319 Crewmember interphone system.
(a) After September 8, 1975, no person may operate an airplane with a
seating capacity of more than 19 passengers unless the airplane is equipped
with a crewmember interphone system that:
(1) [Reserved]
(2) Is capable of operation independent of the public address system
required by Sec. 121.318(a) except for handsets, headsets, microphones,
selector switches, and signaling devices; and
(3) Meets the requirements of paragraph (b) of this section.
(b) The crewmember interphone system required by paragraph (a) of this
section must be approved in accordance with Sec. 21.305 of this chapter and
meet the following requirements:
(1) After December 1, 1980, it must provide a means of two-way
communication between the pilot compartment and--
(i) Each passenger compartment; and
(ii) Each galley located on other than the main passenger deck level.
(2) It must be accessible for immediate use from each of two flight
crewmember stations in the pilot compartment;
(3) It must be accessible for use from at least one normal flight attendant
station in each passenger compartment;
(4) It must be capable of operation within 10 seconds by a flight attendant
at those stations in each passenger compartment from which its use is
accessible; and
(5) For large turbojet-powered airplanes:
(i) It must be accessible for use at enough flight attendant stations so
that all floor-level emergency exits (or entryways to those exits in the case
of exits located within galleys) in each passenger compartment are observable
from one or more of those stations so equipped;
(ii) It must have an alerting system incorporating aural or visual signals
for use by flight crewmembers to alert flight attendants and for use by
flight attendants to alert flight crewmembers;
(iii) The alerting system required by paragraph (b)(5)(ii) of this section
must have a means for the recipient of a call to determine whether it is a
normal call or an emergency call; and
(iv) When the airplane is on the ground, it must provide a means of two-way
communication between ground personnel and either of at least two flight
crewmembers in the pilot compartment. The interphone system station for use
by ground personnel must be so located that personnel using the system may
avoid visible detection from within the airplane.
[Doc. No. 10865, Amdt. 121-105, 38 FR 21494, Aug. 9, 1973, as amended by
Amdt. 121-121, 40 FR 42186, Sept. 11, 1975; Amdt. 121-149, 43 FR 50602, Oct.
30, 1978; Amdt. 121-178, 47 FR 13316, Mar. 29, 1982]
Sec. 121.321 [Reserved]
Sec. 121.323 Instruments and equipment for operations at night.
No person may operate an airplane at night unless it is equipped with the
following instruments and equipment in addition to those required by Secs.
121.305 through 121.321:
(a) Position lights.
(b) An anti-collision light, for large airplanes.
(c) Two landing lights.
(d) Instrument lights providing enough light to make each required
instrument, switch, or similar instrument, easily readable and installed so
that the direct rays are shielded from the flight crewmembers' eyes and that
no objectionable reflections are visible to them. There must be a means of
controlling the intensity of illumination unless it is shown that nondimming
instrument lights are satisfactory.
(e) An airspeed-indicating system with heated pitot tube or equivalent
means for preventing malfunctioning due to icing.
(f) A sensitive altimeter.
Sec. 121.325 Instruments and equipment for operations under IFR or over-
the-top.
No person may operate an airplane under IFR or over-the-top conditions
unless it is equipped with the following instruments and equipment, in
addition to those required by Secs. 121.305 through 121.321:
(a) An airspeed indicating system with heated pitot tube or equivalent
means for preventing malfunctioning due to icing.
(b) A sensitive altimeter.
(c) Instrument lights providing enough light to make each required
instrument, switch, or similar instrument, easily readable and so installed
that the direct rays are shielded from the flight crewmembers' eyes and that
no objectionable reflections are visible to them, and a means of controlling
the intensity of illumination unless it is shown that nondimming instrument
lights are satisfactory.
Sec. 121.327 Supplemental oxygen: Reciprocating engine powered airplanes.
(a) General. Except where supplemental oxygen is provided in accordance
with Sec. 121.331, no person may operate an airplane unless supplemental
oxygen is furnished and used as set forth in paragraphs (b) and (c) of this
section. The amount of supplemental oxygen required for a particular
operation is determined on the basis of flight altitudes and flight duration,
consistent with the operation procedures established for each operation and
route.
(b) Crewmembers. (1) At cabin pressure altitudes above 10,000 feet up to
and including 12,000 feet, oxygen must be provided for, and used by, each
member of the flight crew on flight deck duty, and must be provided for other
crewmembers, for that part of the flight at those altitudes that is of more
than 30 minutes duration.
(2) At cabin pressure altitudes above 12,000 feet, oxygen must be provided
for, and used by, each member of the flight crew on flight deck duty, and
must be provided for other crewmembers, during the entire flight time at
those altitudes.
(3) When a flight crewmember is required to use oxygen, he must use it
continuously, except when necessary to remove the oxygen mask or other
dispenser in connection with his regular duties. Standby crewmembers who are
on call or are definitely going to have flight deck duty before completing
the flight must be provided with an amount of supplemental oxygen equal to
that provided for crewmembers on duty other than on flight deck duty. If a
standby crewmember is not on call and will not be on flight deck duty during
the remainder of the flight, he is considered to be a passenger for the
purposes of supplemental oxygen requirements.
(c) Passengers. Each certificate holder shall provide a supply of oxygen,
approved for passenger safety, in accordance with the following:
(1) For flights of more than 30 minutes duration at cabin pressure
altitudes above 8,000 feet up to and including 14,000 feet, enough oxygen for
30 minutes for 10 percent of the passengers.
(2) For flights at cabin pressure altitudes above 14,000 feet up to and
including 15,000 feet, enough oxygen for that part of the flight at those
altitudes for 30 percent of the passengers.
(3) For flights at cabin pressure altitudes above 15,000 feet, enough
oxygen for each passenger carried during the entire flight at those
altitudes.
(d) For the purposes of this subpart "cabin pressure altitude" means the
pressure altitude corresponding with the pressure in the cabin of the
airplane, and "flight altitude" means the altitude above sea level at which
the airplane is operated. For airplanes without pressurized cabins, "cabin
pressure altitude" and "flight altitude" mean the same thing.
Sec. 121.329 Supplemental oxygen for sustenance: Turbine engine powered
airplanes.
(a) General. When operating a turbine engine powered airplane, each
certificate holder shall equip the airplane with sustaining oxygen and
dispensing equipment for use as set forth in this section:
(1) The amount of oxygen provided must be at least the quantity necessary
to comply with paragraphs (b) and (c) of this section.
(2) The amount of sustaining and first-aid oxygen required for a particular
operation to comply with the rules in this part is determined on the basis of
cabin pressure altitudes and flight duration, consistent with the operating
procedures established for each operation and route.
(3) The requirements for airplanes with pressurized cabins are determined
on the basis of cabin pressure altitude and the assumption that a cabin
pressurization failure will occur at the altitude or point of flight that is
most critical from the standpoint of oxygen need, and that after the failure
the airplane will descend in accordance with the emergency procedures
specified in the Airplane Flight Manual, without exceeding its operating
limitations, to a flight altitude that will allow successful termination of
the flight.
(4) Following the failure, the cabin pressure altitude is considered to be
the same as the flight altitude unless it is shown that no probable failure
of the cabin or pressurization equipment will result in a cabin pressure
altitude equal to the flight altitude. Under those circumstances, the maximum
cabin pressure altitude attained may be used as a basis for certification or
determination of oxygen supply, or both.
(b) Crewmembers. Each certificate holder shall provide a supply of oxygen
for crewmembers in accordance with the following:
(1) At cabin pressure altitudes above 10,000 feet, up to and including
12,000 feet, oxygen must be provided for and used by each member of the
flight crew on flight deck duty and must be provided for other crewmembers
for that part of the flight at those altitudes that is of more than 30
minutes duration.
(2) At cabin pressure altitudes above 12,000 feet, oxygen must be provided
for, and used by, each member of the flight crew on flight deck duty, and
must be provided for other crewmembers during the entire flight at those
altitudes.
(3) When a flight crewmember is required to use oxygen, he must use it
continuously except when necessary to remove the oxygen mask or other
dispenser in connection with his regular duties. Standby crewmembers who are
on call or are definitely going to have flight deck duty before completing
the flight must be provided with an amount of supplemental oxygen equal to
that provided for crewmembers on duty other than on flight duty. If a standby
crewmember is not on call and will not be on flight deck duty during the
remainder of the flight, he is considered to be a passenger for the purposes
of supplemental oxygen requirements.
(c) Passengers. Each certificate holder shall provide a supply of oxygen
for passengers in accordance with the following:
(1) For flights at cabin pressure altitudes above 10,000 feet, up to and
including 14,000 feet, enough oxygen for that part of the flight at those
altitudes that is of more than 30 minutes duration, for 10 percent of the
passengers.
(2) For flights at cabin pressure altitudes above 14,000 feet, up to and
including 15,000 feet, enough oxygen for that part of the flight at those
altitudes for 30 percent of the passengers.
(3) For flights at cabin pressure altitudes above 15,000 feet, enough
oxygen for each passenger carried during the entire flight at those
altitudes.
Sec. 121.331 Supplemental oxygen requirements for pressurized cabin
airplanes: Reciprocating engine powered airplanes.
(a) When operating a reciprocating engine powered airplane pressurized
cabin, each certificate holder shall equip the airplane to comply with
paragraphs (b) through (d) of this section in the event of cabin
pressurization failure.
(b) For crewmembers. When operating at flight altitudes above 10,000 feet,
the certificate holder shall provide enough oxygen for each crewmember for
the entire flight at those altitudes and not less than a two-hour supply for
each flight crewmember on flight deck duty. The required two hours supply is
that quantity of oxygen necessary for a constant rate of descent from the
airplane's maximum certificated operating altitude to 10,000 feet in ten
minutes and followed by 110 minutes at 10,000 feet. The oxygen required by
Sec. 121.337 may be considered in determining the supplemental breathing
supply required for flight crewmembers on flight deck duty in the event of
cabin pressurization failure.
(c) For passengers. When operating at flight altitudes above 8,000 feet,
the certificate holder shall provide oxygen as follows:
(1) When an airplane is not flown at a flight altitude above flight level
250, enough oxygen for 30 minutes for 10 percent of the passengers, if at any
point along the route to be flown the airplane can safely descend to a flight
altitude of 14,000 feet or less within four minutes.
(2) If the airplane cannot descend to a flight altitude of 14,000 feet or
less within four minutes, the following supply of oxygen must be provided:
(i) For that part of the flight that is more than four minutes duration at
flight altitudes above 15,000 feet, the supply required by Sec.
121.327(c)(3).
(ii) For that part of the flight at flight altitudes above 14,000 feet, up
to and including 15,000 feet, the supply required by Sec. 121.327(c)(2).
(iii) For flight at flight altitudes above 8,000 feet up to and including
14,000 feet, enough oxygen for 30 minutes for 10 percent of the passengers.
(3) When an airplane is flown at a flight altitude above flight level 250,
enough oxygen for 30 minutes for 10 percent of the passengers for the entire
flight (including emergency descent) above 8,000 feet, up to and including
14,000 feet, and to comply with Sec. 121.327(c) (2) and (3) for flight above
14,000 feet.
(d) For the purposes of this section it is assumed that the cabin
pressurization failure occurs at a time during flight that is critical from
the standpoint of oxygen need and that after the failure the airplane will
descend, without exceeding its normal operating limitations, to flight
altitudes allowing safe flight with respect to terrain clearance.
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-132, 41
FR 55475, Dec. 20, 1976]
Sec. 121.333 Supplemental oxygen for emergency descent and for first aid;
turbine engine powered airplanes with pressurized cabins.
(a) General. When operating a turbine engine powered airplane with a
pressurized cabin, the certificate holder shall furnish oxygen and dispensing
equipment to comply with paragraphs (b) through (e) of this section in the
event of cabin pressurization failure.
(b) Crewmembers. When operating at flight altitudes above 10,000 feet, the
certificate holder shall supply enough oxygen to comply with Sec. 121.329,
but not less than a two-hour supply for each flight crewmember on flight deck
duty. The required two hours supply is that quantity of oxygen necessary for
a constant rate of descent from the airplane's maximum certificated operating
altitude to 10,000 feet in ten minutes and followed by 110 minutes at 10,000
feet. The oxygen required in the event of cabin pressurization failure by
Sec. 121.337 may be included in determining the supply required for flight
crewmembers on flight deck duty.
(c) Use of oxygen masks by flight crewmembers. (1) When operating at flight
altitudes above flight level 250, each flight crewmember on flight deck duty
must be provided with an oxygen mask so designed that it can be rapidly
placed on his face from its ready position, properly secured, sealed, and
supplying oxygen upon demand; and so designed that after being placed on the
face it does not prevent immediate communication between the flight
crewmember and other crewmembers over the airplane intercommunication system.
When it is not being used at flight altitudes above flight level 250, the
oxygen mask must be kept in condition for ready use and located so as to be
within the immediate reach of the flight crewmember while at his duty
station.
(2) When operating at flight altitudes above flight level 250, one pilot at
the controls of the airplane shall at all times wear and use an oxygen mask
secured, sealed, and supplying oxygen, except that the one pilot need not
wear and use an oxygen mask while at or below flight level 410 if each flight
crewmember on flight deck duty has a quick-donning type of oxygen mask that
the certificate holder has shown can be placed on the face from its ready
position, properly secured, sealed, and supplying oxygen upon demand, with
one hand and within five seconds. The certificate holder shall also show that
the mask can be put on without disturbing eye glasses and without delaying
the flight crewmember from proceeding with his assigned emergency duties. The
oxygen mask after being put on must not prevent immediate communication
between the flight crewmember and other crewmembers over the airplane
intercommunication system.
(3) Notwithstanding paragraph (c)(2) of this section, if for any reason at
any time it is necessary for one pilot to leave his station at the controls
of the airplane when operating at flight altitudes above flight level 250,
the remaining pilot at the controls shall put on and use his oxygen mask
until the other pilot has returned to his duty station.
(4) Before the takeoff of a flight, each flight crewmember shall personally
preflight his oxygen equipment to insure that the oxygen mask is functioning,
fitted properly, and connected to appropriate supply terminals, and that the
oxygen supply and pressure are adequate for use.
(d) Use of portable oxygen equipment by cabin attendants. Each attendant
shall, during flight above flight level 250 flight altitude, carry portable
oxygen equipment with at least a 15-minute supply of oxygen unless it is
shown that enough portable oxygen units with masks or spare outlets and masks
are distributed throughout the cabin to insure immediate availability of
oxygen to each cabin attendant, regardless of his location at the time of
cabin depressurization.
(e) Passenger cabin occupants. When the airplane is operating at flight
altitudes above 10,000 feet, the following supply of oxygen must be provided
for the use of passenger cabin occupants:
(1) When an airplane certificated to operate at flight altitudes up to and
including flight level 250, can at any point along the route to be flown,
descend safely to a flight altitude of 14,000 feet or less within four
minutes, oxygen must be available at the rate prescribed by this part for a
30-minute period for at least 10 percent of the passenger cabin occupants.
(2) When an airplane is operated at flight altitudes up to and including
flight level 250 and cannot descend safely to a flight altitude of 14,000
feet within four minutes, or when an airplane is operated at flight altitudes
above flight level 250, oxygen must be available at the rate prescribed by
this part for not less than 10 percent of the passenger cabin occupants for
the entire flight after cabin depressurization, at cabin pressure altitudes
above 10,000 feet up to and including 14,000 feet and, as applicable, to
allow compliance with Sec. 121.329(c) (2) and (3), except that there must be
not less than a 10-minute supply for the passenger cabin occupants.
(3) For first-aid treatment of occupants who for physiological reasons
might require undiluted oxygen following descent from cabin pressure
altitudes above flight level 250, a supply of oxygen in accordance with the
requirements of Sec. 25.1443(d) must be provided for two percent of the
occupants for the entire flight after cabin depressurization at cabin
pressure altitudes above 8,000 feet, but in no case to less than one person.
An appropriate number of acceptable dispensing units, but in no case less
than two, must be provided, with a means for the cabin attendants to use this
supply.
(f) Passenger briefing. Before flight is conducted above flight level 250,
a crewmember shall instruct the passengers on the necessity of using oxygen
in the event of cabin depressurization and shall point out to them the
location and demonstrate the use of the oxygen-dispensing equipment.
(a) Reciprocating engine powered airplanes. The oxygen apparatus, the
minimum rates of oxygen flow, and the supply of oxygen necessary to comply
with Sec. 121.327 must meet the standards established in section 4b.651 of
the Civil Air Regulations as in effect on July 20, 1950, except that if the
certificate holder shows full compliance with those standards to be
impracticable, the Administrator may authorize any change in those standards
that he finds will provide an equivalent level of safety.
(b) Turbine engine powered airplanes. The oxygen apparatus, the minimum
rate of oxygen flow, and the supply of oxygen necessary to comply with Secs.
121.329 and 121.333 must meet the standards established in section 4b.651 of
the Civil Air Regulations as in effect on September 1, 1958, except that if
the certificate holder shows full compliance with those standards to be
impracticable, the Administrator may authorize any changes in those standards
that he finds will provide an equivalent level of safety.
Sec. 121.337 Protective breathing equipment.
(a) The certificate holder shall furnish approved protective breathing
equipment (PBE) meeting the equipment, breathing gas, and communication
requirements contained in paragraph (b) of this section.
(b) Pressurized and nonpressurized cabin airplanes. Except as provided in
paragraph (f) of this section, no person may operate a transport category
airplane unless protective breathing equipment meeting the requirements of
this section is provided as follows:
(1) General. The equipment must protect the flightcrew from the effects of
smoke, carbon dioxide or other harmful gases or an oxygen deficient
environment caused by other than an airplane depressurization while on flight
deck duty and must protect crewmembers from the above effects while
combatting fires on board the airplane.
(2) The equipment must be inspected regularly in accordance with inspection
guidelines and the inspection periods established by the equipment
manufacturer to ensure its condition for continued serviceability and
immediate readiness to perform its intended emergency purposes. The
inspection periods may be changed upon a showing by the certificate holder
that the changes would provide an equivalent level of safety.
(3) That part of the equipment protecting the eyes must not impair the
wearer's vision to the extent that a crewmember's duties cannot be
accomplished and must allow corrective glasses to be worn without impairment
of vision or loss of the protection required by paragraph (b)(1) of this
section.
(4) The equipment, while in use, must allow the flightcrew to communicate
using the airplane radio equipment and to communicate by interphone with each
other while at their assigned duty stations. The equipment, while in use,
must also allow crewmember interphone communications between each of two
flight crewmember stations in the pilot compartment and at least one normal
flight attendant station in each passenger compartment.
(5) The equipment, while in use, must allow any crewmember to use the
airplane interphone system at any of the flight attendant stations referred
to in paragraph (b)(4) of this section.
(6) The equipment may also be used to meet the supplemental oxygen
requirements of this part provided it meets the oxygen equipment standards of
Sec. 121.335 of this part.
(7) Protective breathing gas duration and supply system equipment
requirements are as follows:
(i) The equipment must supply breathing gas for 15 minutes at a pressure
altitude of 8,000 feet for the following:
(A) Flight crewmembers while performing flight deck duties; and
(B) Crewmembers while combatting an in-flight fire.
(ii) The breathing gas system must be free from hazards in itself, in its
method of operation, and in its effect upon other components.
(iii) For breathing gas systems other than chemical oxygen generators,
there must be a means to allow the crew to readily determine, during flight,
the quantity of breathing gas available in each source of supply.
(iv) For each chemical oxygen generator, the supply system equipment must
meet the requirements of Sec. 25.1450 (b) and (c) of this chapter.
(8) Protective breathing equipment with a fixed or portable breathing gas
supply meeting the requirements of this section must be conveniently located
on the flight deck and be easily accessible for immediate use by each
required flight crewmember at his or her assigned duty station.
(9) Protective breathing equipment with a portable breathing gas supply
meeting the requirements of this section must be easily accessible and
conveniently located for immediate use by crewmembers in combatting fires as
follows:
(i) One for use in each Class A, B, and E cargo compartment (as defined in
Sec. 25.857 of this chapter) that is accessible to crewmembers in the
compartment during flight.
(ii) One PBE is required for each hand fire extinguisher located for use in
a galley other than a galley located in a passenger, cargo, or crew
compartment.
(iii) One on the flight deck, except that the Administrator may authorize
another location for this PBE if special circumstances exist that make
compliance impractical and the proposed deviation would provide an equivalent
level of safety.
(iv) In each passenger compartment, one located within 3 feet of each hand
fire extinguisher required by Sec. 121.309 of this part, except that the
Administrator may authorize a deviation allowing locations of PBE more than 3
feet from required hand fire extinguisher locations if special circumstances
exist that make compliance impractical and the proposed deviation provides an
equivalent level of safety.
(c) Equipment preflight. (1) Before each flight, each item of PBE at flight
crewmember duty stations must be checked by the flight crewmember who will
use the equipment to ensure that the equipment--
(i) For other than chemical oxygen generator systems, is functioning, is
serviceable, fits properly (unless a universal-fit type), and is connected to
supply terminals and that the breathing gas supply and pressure are adequate
for use; and
(ii) For chemical oxygen generator systems, is serviceable and fits
properly (unless a universal-fit type).
(2) Each item of PBE located at other than a flight crewmember duty station
must be checked by a designated crewmember to ensure that each is properly
stowed and serviceable, and, for other than chemical oxygen generator
systems, the breathing gas supply is fully charged. Each certificate holder,
in its operations manual, must designate at least one crewmember to perform
those checks before he or she takes off in that airplane for his or her first
flight of the day.
(d) Compliance dates. (1) Notwithstanding the provisions of paragraphs (a)
and (b) of this section, the final compliance date for furnishing PBE for use
in combatting in-flight fires aboard pressurized and nonpressurized airplanes
is January 31, 1990, except that for all-cargo airplanes subject to the
requirements of paragraph (b)(9)(i) of this section the compliance date is
February 18, 1992.
(2) Notwithstanding the provisions of paragraph (a) and (b) of this
section, the compliance date for furnishing PBE for use by flight crewmembers
while on flight deck duty on pressurized and nonpressurized airplanes is
January 31, 1991, except that for nonpressurized cabin airplanes that must be
retrofitted with a fixed breathing gas supply for PBE, the compliance date is
February 18, 1992.
[Doc. No. 24792, Amdt. 121-193, 52 FR 20957, June 3, 1987, as amended by
Amdt. 121-204, 54 FR 22271, May 22, 1989; 55 FR 5551, Feb. 15, 1990; Amdt.
121-218, 55 FR 31565, Aug. 2, 1990; Amdt. 121-230, 57 FR 42674, Sept. 15,
1992]
SUMMARY: This final rule amends the Federal Aviation Regulations by requiring
operators and certificate holders to allow the use of approved child
restraint systems and by updating certain regulations concerning passenger
and crewmember safety, attitude indicators, and check airmen. This action is
in response to requests from the public, consumer groups, and Congress;
reports from FAA inspectors; and investigations and recommendations by the
National Transportation Safety Board. The rule is intended to increase the
safety of crewmembers and passengers on board aircraft and to update other
operational amendments.
Sec. 121.339 Emergency equipment for extended over-water operations.
(a) Except where the Administrator, by amending the operations
specifications of the certificate holder, requires the carriage of all or any
specific items of the equipment listed below for any overwater operation, or
upon application of the certificate holder, the Administrator allows
deviation for a particular extended overwater operation, no person may
operate an airplane in extended overwater operations without having on the
airplane the following equipment:
(1) A life preserver equipped with an approved survivor locator light, for
each occupant of the airplane.
(2) Enough life rafts (each equipped with an approved survivor locator
light) of a rated capacity and buoyancy to accommodate the occupants of the
airplane. Unless excess rafts of enough capacity are provided, the buoyancy
and seating capacity of the rafts must accommodate all occupants of the
airplane in the event of a loss of one raft of the largest rated capacity.
(3) At least one pyrotechnic signaling device for each life raft.
(4) A survival type emergency locator transmitter that after October 21,
1972, meets the applicable requirements of TSO-C91 except that, until
December 30, 1975, the transmitter is not required to meet those requirements
if its installation was approved before October 21, 1971, it was manufactured
under a TSO Authorization issued against TSO-C61a and it transmits
simultaneously on 121.5 and 243.0 MHz. Batteries used in this transmitter
must be replaced (or recharged, if the battery is rechargeable) when the
transmitter has been in use for more than 1 cumulative hour, and also when 50
percent of their useful life (or for rechargeable batteries, 50 percent of
their useful life of charge), as established by the transmitter manufacturer
under TSO-C91, paragraph (g)(2) has expired. The new expiration date for the
replacement (or recharged) battery must be legibly marked on the outside of
the transmitter. The battery useful life (or useful life of charge)
requirements of this paragraph do not apply to batteries (such as water-
activated batteries) that are essentially unaffected during probable storage
intervals.
(b) The required life rafts, life preservers, and survival type emergency
locator transmitter must be easily accessible in the event of a ditching
without appreciable time for preparatory procedures. This equipment must be
installed in conspicuously marked, approved locations.
(c) A survival kit, appropriately equipped for the route to be flown, must
be attached to each required life raft.
(a) Except as provided in paragraph (b) of this section, after September 1,
1967, no person may operate a large airplane in any overwater operation
unless it is equipped with life preservers in accordance with Sec.
121.339(a)(1), or with an approved flotation means for each occupant. This
means must be within easy reach of each seated occupant and must be readily
removable from the airplane.
(b) Upon application by the air carrier or commercial operator, the
Administrator may approve the operation of an airplane over water without the
life preservers or flotation means required by paragraph (a) of this section,
if the air carrier or commercial operator shows that the water over which the
airplane is to be operated is not of such size and depth that life preservers
or flotation means would be required for the survival of its occupants in the
event the flight terminates in that water.
Sec. 121.341 Equipment for operations in icing conditions.
(a) Unless an airplane is certificated under the transport category
airworthiness requirements relating to ice protection, no person may operate
an airplane in icing conditions unless it is equipped with means for the
prevention or removal of ice on windshields, wings, empennage, propellers,
and other parts of the airplane where ice formation will adversely affect the
safety of the airplane.
(b) No person may operate an airplane in icing conditions at night unless
means are provided for illuminating or otherwise determining the formation of
ice on the parts of the wings that are critical from the standpoint of ice
accumulation. Any illuminating that is used must be of a type that will not
cause glare or reflection that would handicap crewmembers in the performance
of their duties.
Sec. 121.342 Pitot heat indication systems.
(a) Except as provided in paragraph (b) of this section, after April 12,
1981, no person may operate a transport category airplane equipped with a
flight instrument pitot heating system unless the airplane is also equipped
with an operable pitot heat indication system that complies with Sec. 25.1326
of this chapter in effect on April 12, 1978.
(b) A certificate holder may obtain an extension of the April 12, 1981,
compliance date specified in paragraph (a) of this section, but not beyond
April 12, 1983, from the Director, Flight Standards Service if the
certificate holder--
(1) Shows that due to circumstances beyond its control it cannot comply by
the specified compliance date; and
(2) Submits by the specified compliance date a schedule for compliance,
acceptable to the Director, indicating that compliance will be achieved at
the earliest practicable date.
[Amdt. 121-175, 46 FR 43805, Aug. 31, 1981, as amended by Amdt. 121-207, 54
FR 39293, Sept. 25, 1989]
Sec. 121.343 Flight recorders.
(a) Except as provided in paragraphs (b), (c), (d), (e), and (f) of this
section, no person may operate a large airplane that is certificated for
operations above 25,000 feet altitude or is turbine-engine powered unless it
is equipped with one or more approved flight recorders that record data from
which the following may be determined within the ranges, accuracies, and
recording intervals specified in Appendix B of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading; and
(6) Time of each radio transmission either to or from air traffic control.
(b) No person may operate a large airplane type certificated up to and
including September 30, 1969, for operations above 25,000 feet altitude, or a
turbine-engine powered airplane certificated before the same date, unless it
is equipped before May 26, 1989 with one or more approved flight recorders
that utilize a digital method of recording and storing data and a method of
readily retrieving that data from the storage medium. The following
information must be able to be determined within the ranges, accuracies, and
recording intervals specified in Appendix B of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading; and
(6) Time of each radio transmission either to or from air traffic control.
(c) No person may operate an airplane specified in paragraph (b) of this
section unless it is equipped, before May 26, 1994 with one or more approved
flight recorders that utilize a digital method of recording and storing data
and a method of readily retrieving that data from the storage medium. The
following imformation must be able to be determined within the ranges,
accuracies and recording intervals specified in Appendix B of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
(6) Time of each radio transmission either to or from air traffic control;
(7) Pitch attitude;
(8) Roll attitude;
(9) Longitudinal acceleration;
(10) Control column or pitch control surface position; and
(11) Thrust of each engine.
(d) No person may operate an airplane specified in paragraph (b) of this
section that is manufactured after May 26, 1989, as well as airplanes
specified in paragraph (a) of this section that have been type certificated
after September 30, 1969, unless it is equipped with one or more approved
flight recorders that utlitize a digital method of recording and storing data
and a method of readily retrieving that data from the storage medium. The
following information must be able to be determined within the ranges,
accuracies, and recording intervals specified in Apendix B of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
(6) Time of each radio transmission either to or from air traffic control;
(7) Pitch attitude;
(8) Roll attitude;
(9) Longitudinal acceleration;
(10) Pitch trim position;
(11) Control column or pitch control surface position;
(12) Control wheel or lateral control surface position;
(13) Rudder pedal or yaw control surface position;
(14) Thrust of each engine;
(15) Position of each thrust reverser;
(16) Trailing edge flap or cockpit flap control position; and
(17) Leading edge flap or cockpit flap control position.
For the purpose of this section, "manufactured" means the point in time at
which the airplane inspection acceptance records reflect that the airplane is
complete and meets the FAA-approved type design data.
(e) After October 11, 1991, no person may operate a large airplane equipped
with a digital data bus and ARINC 717 digital flight data acquisition unit
(DFDAU) or equivalent unless it is equipped with one or more approved flight
recorders that utilize a digital method of recording and storing data and a
method of readily retrieving that data from the storage medium. Any
parameters specified in Appendix B of this part that are available on the
digital data bus must be recorded within the ranges, accuracies, resolutions,
and sampling intervals specified.
(f) After October 11, 1991, no person may operate an airplane specified in
paragraph (b) of this section that is manufactured after October 11, 1991,
nor an airplane specified in paragraph (a) of this section that has been type
certificated after September 30, 1969, and manufactured after October 11,
1991, unless it is equipped with one or more flight recorders that utilize a
digital method of recording and storing data and a method of readily
retrieving that data from the storage medium. The parameters specified in
Appendix B of this part must be recorded within the ranges, accuracies,
resolutions, and sampling intervals specified.
(g) Whenever a flight recorder required by this section is installed, it
must be operated continuously from the instant the airplane begins the
takeoff roll until it has completed the landing roll at an airport.
(h) Except as provided in paragraph (i) of this section, and except for
recorded data erased as authorized in this paragraph, each certificate holder
shall keep the recorded data prescribed in paragraph (a), (b), (c), or (d) of
this section, as appropriate, until the airplane has been operated for at
least 25 hours of the operating time specified in Sec. 121.359(a). A total of
1 hour of recorded data may be erased for the purpose of testing the flight
recorder or the flight recorder system. Any erasure made in accordance with
this paragraph must be of the oldest recorded data accumulated at the time of
testing. Except as provided in paragraph (i) of this section, no record need
be kept more than 60 days.
(i) In the event of an accident or occurrence that requires immediate
notification of the National Transportation Safety Board under Part 830 of
its regulations and that results in termination of the flight, the
certificate holder shall remove the recording media from the airplane and
keep the recorded data required by paragraph (a), (b), (c), or (d) of this
section, as appropriate, for at least 60 days or for a longer period upon the
request of the Board or the Administrator.
(j) Each flight recorder required by this section must be installed in
accordance with the requirements of Sec. 25.1459 of this chapter in effect on
August 31, 1977. The correlation required by Sec. 25.1459(c) of this chapter
need be established only on one airplane of any group of airplanes--
(1) That are of the same type;
(2) On which the model flight recorder and its installation are the same;
and
(3) On which there is no difference in the type design with respect to the
installation of those first pilot's instruments associated with the flight
recorder. The most recent instrument calibration, including the recording
medium from which this calibration is derived, and the recorder correlation
must be retained by the certificate holder.
(k) Each flight recorder required by this section that records the data
specified in paragraph (a), (b), (c), or (d) of this section, as appropriate,
must have an approved device to assist in locating that recorder under water.
[Doc. No. 24418, Amdt. 121-191, 52 FR 9636, Mar. 25, 1987, as amended by
Amdt. 121-197, 53 FR 26147, July 11, 1988]
Sec. 121.345 Radio equipment.
(a) No person may operate an airplane unless it is equipped with radio
equipment required for the kind of operation being conducted.
(b) Where two independent (separate and complete) radio systems are
required by Secs. 121.347 and 121.349, each system must have an independent
antenna installation except that, where rigidly supported nonwire antennas or
other antenna installations of equivalent reliability are used, only one
antenna is required.
(c) ATC transponder equipment installed within the time periods indicated
below must meet the performance and environmental requirements of the
following TSO's:
(1) Through January 1, 1992: (i) Any class of TSO-C74b or any class of TSO-
C74c as appropriate, provided that the equipment was manufactured before
January 1, 1990; or
(ii) The appropriate class of TSO-C112 (Mode S).
(2) After January 1, 1992: The appropriate class of TSO-C112 (Mode S). For
purposes of paragraph (c) (2) of this section, "installation" does not
include--
(i) Temporary installation of TSO-C74b or TSO-C74c substitute equipment, as
appropriate, during maintenance of the permanent equipment;
(ii) Reinstallation of equipment after temporary removal for maintenance;
or
(iii) For fleet operations, installation of equipment in a fleet aircraft
after removal of the equipment for maintenance from another aircraft in the
same operator's fleet.
Sec. 121.347 Radio equipment for operations under VFR over routes navigated
by pilotage.
(a) No person may operate an airplane under VFR over routes that can be
navigated by pilotage, unless it is equipped with the radio equipment
necessary under normal operating conditions to fulfill the following:
(1) Communicate with at least one appropriate ground station from any point
on the route.
(2) Communicate with appropriate traffic control facilities from any point
in the control zone within which flights are intended.
(3) Receive meteorological information from any point en route by either of
two independent systems. One of the means provided to comply with this
subparagraph may be used to comply with paragraphs (a)(1) and (2) of this
section.
(b) No person may operate an airplane at night under VFR over routes than
can be navigated by pilotage unless that airplane is equipped with the radio
equipment necessary under normal operating conditions to fulfill the
functions specified in paragraph (a) of this section and to receive radio
navigational signals applicable to the route flown, except that a marker
beacon receiver or ILS receiver is not required.
EFFECTIVE DATE NOTE: Amdt. 121-226, 56 FR 65663, Dec. 17, 1991, revised
paragraph (a)(2) of Sec. 121.347 effective September 16, 1993. For the
convenience of the user, the revised text is set forth as follows:
Sec. 121.347 Radio equipment for operations under VFR over routes navigated
by pilotage.
(a) * * *
(2) Communicate with appropriate traffic control facilities from any point
within the lateral boundaries of the surface areas of Class B, Class C, Class
D, or Class E airspace designated for an airport in which flights are
intended.
SUMMARY: This final rule amends the Federal Aviation Regulations (FAR) to
adopt certain recommendations of the National Airspace Review (NAR)
concerning changes to regulations and procedures in regard to airspace
classifications. These changes are intended to: (1) Simplify airspace
designations; (2) achieve international commonality of airspace designations;
(3) increase standardization of equipment requirements for operations in
various classifications of airspace; (4) describe appropriate pilot
certificate requirements, visual flight rules (VFR) visibility and distance
from cloud rules, and air traffic services offered in each class of airspace;
and (5) satisfy the responsibilities of the United States as a member of the
International Civil Aviation Organization (ICAO). The final rule also amends
the requirement for minimum distance from clouds in certain airspace areas
and the requirements for communications with air traffic control (ATC) in
certain airspace areas; eliminates airport radar service areas (ARSAs),
control zones, and terminal control areas (TCAs) as airspace classifications;
and eliminates the term "airport traffic area." The FAA believes simplified
airspace classifications will reduce existing airspace complexity and thereby
enhance safety.
EFFECTIVE DATE: These regulations become effective September 16, 1993,
except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605, 71.607, and
71.609 and Part 75 become effective December 12, 1991, and except that
amendatory instruction number 20, Sec. 71.1, is effective as of December 17,
1991 through September 15, 1993, and that Secs. 71.11 and 71.19 become
effective October 15, 1992. The incorporation by reference of FAA Order
7400.7 in Sec. 71.1 (amendatory instruction number 20) is approved by the
Director of the Federal Register as of December 17, 1991, through September
15, 1993. The incorporation by reference of FAA Order 7400.9 in Sec. 71.1
(amendatory instruction number 24) is approved by the Director of the
Federal Register as of September 16, 1993 through September 15, 1994.
Sec. 121.349 Radio equipment for operations under VFR over routes not
navigated by pilotage or for operations under IFR or over-the-top.
(a) No person may operate an airplane under VFR over routes that cannot be
navigated by pilotage or for operations conducted under IFR or over-the-top,
unless the airplane is equipped with that radio equipment necessary under
normal operating conditions to fulfill the functions specified in Sec.
121.347(a) and to receive satisfactorily by either of two independent systems
radio navigational signals from all primary en route and approach
navigational facilities intended to be used. However, only one marker beacon
receiver providing visual and aural signals and one ILS receiver need be
provided. Equipment provided to receive signals en route may be used to
receive signals on approach, if it is capable of receiving both signals.
(b) In the case of operation over routes on which navigation is based on
low frequency radio range or automatic direction finding, only one low
frequency radio range or ADF receiver need be installed if the airplane is
equipped with two VOR receivers, and VOR navigational aids are so located and
the airplane is so fueled that, in the case of failure of the low frequency
radio range receiver or ADF receiver, the flight may proceed safely to a
suitable airport, by means of VOR aids, and complete an instrument approach
by use of the remaining airplane radio system.
(c) Whenever VOR navigational receivers are required by paragraph (a) or
(b) of this section, at least one approved distance measuring equipment unit
(DME) capable of receiving and indicating distance information from VORTAC
facilities must be installed on each airplane when operated in the 50 states
and the District of Columbia.
(d) If the distance measuring equipment (DME) becomes inoperative en route,
the pilot shall notify ATC of that failure as soon as it occurs.
Sec. 121.351 Radio equipment for extended overwater operations and for
certain other operations.
(a) No person may conduct an extended overwater operation unless the
airplane is equipped with the radio equipment necessary to comply with Sec.
121.349 and an independent system that complies with Sec. 121.347(a)(1).
(b) No flag or supplemental air carrier or commercial operator may conduct
an operation without the equipment specified in paragraph (a) of this
section, if the Administrator finds that equipment to be necessary for search
and rescue operations because of the nature of the terrain to be flown over.
Sec. 121.353 Emergency equipment for operations over uninhabited terrain
areas: flag and supplemental air carriers and commercial operators.
Unless it has the following equipment, no flag or supplemental air carrier
or commercial operator may conduct an operation over an uninhabited area or
any other area that (in its operations specifications) the Administrator
specifies requires equipment for search and rescue in case of an emergency:
(a) Suitable pyrotechnic signaling devices.
(b) A survival type emergency locator transmitter that after October 21,
1972, meets the applicable requirements of TSO-C91 except that, until
December 30, 1975, the transmitter is not required to meet those requirements
if its installation was approved before October 21, 1971, it was manufactured
under a TSO Authorization issued against TSO-C61a and it transmits
simultaneously on 121.5 and 243.0 MHz. Batteries used in this transmitter
must be replaced (or recharged, if the battery is rechargeable) when the
transmitter has been in use for more than 1 cumulative hour, and also when 50
percent of their useful life (or for rechargeable batteries, 50 percent of
their useful life of charge), as established by the transmitter manufacturer
under TSO-C91, paragraph (g)(2) has expired. The new expiration date for the
replacement (or recharged) battery must be legibly marked on the outside of
the transmitter. The battery useful life (or useful life of charge)
requirements of this paragraph do not apply to batteries (such as water-
activated batteries) that are essentially unaffected during probable storage
intervals.
(c) Enough survival kits, appropriately equipped for the route to be flown
for the number of occupants of the airplane.
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-79, 36 FR
18724, Sept. 21, 1971; Amdt. 121-106, 38 FR 22378 Aug. 20, 1973; Amdt. 121-
158, 45 FR 38348, June 9, 1980]
Sec. 121.355 Equipment for operations on which specialized means of
navigation are used.
(a) No certificate holder may conduct an operation--
(1) Using Doppler Radar or an Inertial Navigation System outside the 48
contiguous States and the District of Columbia, unless such systems have been
approved in accordance with Appendix G to this part; or
(2) Using Doppler Radar or an Inertial Navigation System within the 48
contiguous States and the District of Columbia, or any other specialized
means of navigation, unless it shows that an adequate airborne system is
provided for the specialized navigation authorized for the particular
operation.
(b) Notwithstanding paragraph (a) of this section, Doppler Radar and
Inertial Navigation Systems, and the training programs, maintenance programs,
relevant operations manual material, and minimum equipment lists prepared in
accordance therewith, approved before April 29, 1972, are not required to be
approved in accordance with that paragraph.
[Amdt. 121-89, 37 FR 6464, Mar. 30, 1972]
Sec. 121.356 Traffic Alert and Collision Avoidance System.
(a) Unless otherwise authorized by the Administrator, each certificate
holder operating a large airplane that has a passenger seating configuration,
excluding any pilot seat, of more than 30 seats, shall equip its airplanes
with an approved TCAS II traffic alert and collision avoidance system and the
appropriate class of Mode S transponder according to the following schedule:
Date Required equipage
December 30, 1990 At least 20% of all covered airplanes, if the certificate
holder operates more than 30 such airplanes.
December 30, 1991 50% of all covered airplanes.
December 30, 1993 100% of all covered airplanes.
(b) After February 9, 1995, no person may operate a combination cargo/
passenger airplane that has a passenger seat configuration, excluding any
pilot seat, of 10 to 30 seats unless it is equipped with an approved traffic
alert and collision avoidance system.
(c) The appropriate manuals required by Sec. 121.131 of this part shall
contain the following information on the TCAS II System required by this
section:
(1) Appropriate procedures for--
(i) The operation of the equipment; and
(ii) Proper flightcrew action with respect to the equipment.
(2) An outline of all input sources that must be operative for the TCAS to
function properly.
[Doc. No. 25355, 54 FR 951, Jan. 10, 1989, as amended at Amdt. 121-217, 55
FR 13247, Apr. 9, 1990]
SUMMARY: This rule revises the schedule for installing Traffic Alert and
Collision Avoidance Systems (TCAS II) on airplanes with more than 30
passenger seats. The TCAS II system will provide a collision avoidance
capability that operates independently of the ground-based Air Traffic
Control (ATC) system and in areas where there is no ATC coverage. Congress
recently passed legislation permitting an extension of the schedule. This
action implements the legislation, reduces the prospect that carriers will
divert critical maintenance and modification resources away from other safety
programs to meet the TCAS II schedule, and allows the FAA to evaluate the
operation of TCAS II in the total ATC environment.
Sec. 121.357 Airborne weather radar equipment requirements.
(a) No person may operate any airplane certificated under the transport
category rules (except C-46 type airplanes), unless approved airborne weather
radar equipment has been installed in the airplane.
(b) [Reserved]
(c) Each person operating a transport category airplane required to have
approved airborne weather radar equipment installed shall, when using it
under this part, operate it in accordance with the following:
(1) Dispatch. No person may dispatch an airplane (or begin the flight of an
airplane in the case of an air carrier or commercial operator that does not
use a dispatch system) under IFR or night VFR conditions when current weather
reports indicate that thunderstorms, or other potentially hazardous weather
conditions that can be detected with airborne weather radar, may reasonably
be expected along the route to be flown, unless the airborne weather radar
equipment is in satisfactory operating condition.
(2) If the airborne weather radar becomes inoperative en route, the
airplane must be operated in accordance with the approved instructions and
procedures specified in the operations manual for such an event.
(d) This section does not apply to airplanes used solely within the State
of Hawaii or within the State of Alaska and that part of Canada west of
longitude 130 degrees W, between latitude 70 degrees N, and latitude 53
degrees N, or during any training, test, or ferry flight.
(e) Notwithstanding any other provision of this chapter, an alternate
electrical power supply is not required for airborne weather radar equipment.
Sec. 121.358 Low-altitude windshear system equipment requirements.
(a) Airplanes manufactured after January 2, 1991. No person may operate a
turbine-powered airplane manufactured after January 2, 1991, unless it is
equipped with either an approved airborne windshear warning and flight
guidance system, an approved airborne detection and avoidance system, or an
approved combination of these systems.
(b) Airplanes manufactured before January 3, 1991. Except as provided in
paragraph (c) of this section, after January 2, 1991, no person may operate a
turbine-powered airplane manufactured before January 3, 1991 unless it meets
one of the following requirements as applicable.
(1) The makes/models/series listed below must be equipped with either an
approved airborne windshear warning and flight guidance system, an approved
airborne detection and avoidance system, or an approved combination of these
systems:
(i) A-300-600;
(ii) A-310--all series;
(iii) A-320--all series;
(iv) B-737-300, 400, and 500 series;
(v) B-747-400;
(vi) B-757--all series;
(vii) B-767--all series;
(viii) F-100--all series;
(ix) MD-11--all series; and
(x) MD-80 series equipped with an EFIS and Honeywell-970 digital flight
guidance computer.
(2) All other turbine-powered airplanes not listed above must be equipped
with as a minimum requirement, an approved airborne windshear warning system.
These airplanes may be equipped with an approved airborne windshear detection
and avoidance system, or an approved combination of these systems.
(c) Extension of the compliance date. A certificate holder may obtain an
extension of the compliance date in paragraph (b) of this section if it
obtains FAA approval of a retrofit schedule. To obtain approval of a retrofit
schedule and show continued compliance with that schedule, a certificate
holder must do the following:
(1) Submit a request for approval of a retrofit schedule by June 1, 1990,
to the Flight Standards Division Manager in the region of the certificate
holding district office.
(2) Show that all of the certificate holder's airplanes required to be
equipped in accordance with this section will be equipped by the final
compliance date established for TCAS II retrofit.
(3) Comply with its retrofit schedule and submit status reports containing
information acceptable to the Administrator. The initial report must be
submitted by January 2, 1991, and subsequent reports must be submitted every
six months thereafter until completion of the schedule. The reports must be
submitted to the certificate holder's assigned Principal Avionics Inspector.
(d) Definitions. For the purposes of this section the following definitions
apply--
(1) "Turbine-powered airplane" includes, e.g., turbofan-, turbojet-,
propfan-, and ultra-high bypass fan-powered airplanes. The definition
specifically excludes turbopropeller-powered airplanes.
(2) An airplane is considered manufactured on the date the inspection
acceptance records reflect that the airplane is complete and meets the FAA
Approved Type Design data.
SUMMARY: The FAA is amending the airborne low-altitude windshear equipment
rule to: (1) Remove the requirement that windshear flight guidance equipment
be installed on older airplanes; (2) amend the provision allowing for an
extended compliance period based on an approved airplane retrofit schedule;
and (3) provide for acceptance of alternative airplane equipment in the form
of an approved airborne windshear detection and avoidance system (predictive
systems). This rule allows certificate holders to install windshear equipment
in coordination with the installation of traffic alert and collision
avoidance system (TCAS II) equipment; the coordination will reduce the
prospect that carriers will have to divert critical maintenance resources
from other safety programs.
(a) No certificate holder may operate a large turbine engine powered
airplane or a large pressurized airplane with four reciprocating engines
unless an approved cockpit voice recorder is installed in that airplane and
is operated continuously from the start of the use of the checklist (before
starting engines for the purpose of flight), to completion of the final
checklist at the termination of the flight.
(b) Each certificate holder shall establish a schedule for completion,
before the prescribed dates, of the cockpit voice recorder installations
required by paragraph (a) of this section. In addition the certificate holder
shall identify any airplane specified in paragraph (a) of this section he
intends to discontinue using before the prescribed dates.
(c) The cockpit voice recorder required by this section must meet the
following application standards:
(1) The requirements of Part 25 of this chapter in affect on August 31,
1977.
(2) After September 1, 1980, each recorder container must--
(i) Be either bright orange or bright yellow;
(ii) Have reflective tape affixed to the external surface to facilitate its
location under water; and
(iii) Have an approved underwater locating device on or adjacent to the
container which is secured in such a manner that they are not likely to be
separated during crash impact, unless the cockpit voice recorder, and the
flight recorder required by Sec. 121.343, are installed adjacent to each
other in such a manner that they are not likely to be separated during crash
impact.
(d) In complying with this section, an approved cockpit voice recorder
having an erasure feature may be used, so that at any time during the
operation of the recorder, information recorded more than 30 minutes earlier
may be erased or otherwise obliterated.
(e) For those aircraft equipped to record the uninterrupted audio signals
received by a boom or a mask microphone, the flight crewmembers are required
to use the boom microphone below 18,000 feet mean sea level. No person may
operate a large turbine engine powered airplane or a large pressurized
airplane with four reciprocating engines manufactured after October 11, 1991,
or on which a cockpit voice recorder has been installed after October 11,
1991, unless it is equipped to record the uninterrupted audio signal received
by a boom or mask microphone in accordance with Sec. 25.1457(c)(5) of this
chapter.
(f) In the event of an accident or occurrence requiring immediate
notification of the National Transportation Safety Board under Part 830 of
its regulations, which results in the termination of the flight, the
certificate holder shall keep the recorded information for at least 60 days
or, if requested by the Administrator or the Board, for a longer period.
Information obtained from the record is used to assist in determining the
cause of accidents or occurrences in connection with investigations under
Part 830. The Administrator does not use the record in any civil penalty or
certificate action.
Sec. 121.360 Ground proximity warning-glide slope deviation alerting
system.
(a) Except as provided in paragraphs (b) and (h) of this section, after
December 1, 1975, no person may operate a large turbine-powered airplane
unless it is equipped with a ground proximity warning system that meets the
performance and environmental standards of TSO-C92 or incorporates TSO-
approved ground proximity warning equipment.
(b) Ground proximity warning systems approved for use under this part and
installed before June 5, 1975, may be used in lieu of equipment that meets
the performance and environmental standards of TSO-C92 or is TSO-approved
until January 1, 1977, except that the requirements of paragraph (c) of this
section must be met.
(c) For the ground proximity warning system required by this section, the
Airplane Flight Manual shall contain--
(1) Appropriate procedures for--
(i) The use of the equipment;
(ii) Proper flight crew action with respect to the equipment;
(iii) Deactivation for planned abnormal and emergency conditions;
(iv) Inhibition of Mode 4 warnings based on flaps being in other than the
landing configuration if the system incorporates a Mode 4 flap warning
inhibition control; and
(2) An outline of all input sources that must be operating.
(d) After September 1, 1976 (unless required earlier in the certificate
holder's operations specifications), no person may deactivate a ground
proximity warning system required by this section except in accordance with
the procedures contained in the Airplane Flight Manual.
(e) Whenever a ground proximity warning system required by this section is
deactivated, an entry shall be made in the airplane maintenance record that
includes the date and time of deactivation.
(f) Except as provided in paragraph (g) of this section, after June 1,
1976, no person may operate a large turbine-powered airplane unless it is
equipped with a ground proximity warning-glide slope deviation alerting
system that meets the performance and environmental standards contained in
TSO-C92a, or TSO-C92b or incorporates TSO-approved ground proximity warning-
glide slope deviation alerting equipment.
(g) Large turbine-powered airplanes being operated under the provisions of
paragraph (b) of this section may be operated until January 1, 1977, without
being equipped with the ground proximity warning-glide slope deviation
alerting system required by paragraph (f) of this section.
(h) A certificate holder may obtain an extension of the December 1, 1975,
compliance date specified in paragraph (a) of this section, but not beyond
June 1, 1976, from the Director, Flight Standards Service if, before December
1, 1975--
(1) It shows that due to circumstances beyond its control it cannot comply
by that date; and
(2) It has submitted by that date a schedule for compliance, acceptable to
the Director, indicating that the system will be installed at the earliest
practicable date.
(i) No person may operate a turbojet powered airplane equipped with a
system required by paragraph (f) of this section, that incorporates equipment
that meets the performance and environmental standards of TSO-C92b or is
approved under that TSO, using other than Warning Envelopes 1 or 3 for
Warning Modes 1 and 4.
(a) Except as provided by paragraph (b) of this section, this subpart
prescribes requirements for maintenance, preventive maintenance, and
alternations for all certificate holders.
(b) The Administrator may amend a certificate holder's operations
specifications to permit deviation from those provisions of this subpart that
would prevent the return to service and use of airframe components,
powerplants, appliances, and spare parts thereof because those items have
been maintained, altered, or inspected by persons employed outside the United
States who do not hold U.S. airman certificates. Each certificate holder who
uses parts under this deviation must provide for surveillance of facilities
and practices to assure that all work performed on these parts is
accomplished in accordance with the certificate holder's manual.
[Amdt. 121-44, 33 FR 14406, Sept. 25, 1968]
Sec. 121.363 Responsibility for airworthiness.
(a) Each certificate holder is primarily responsible for--
(1) The airworthiness of its aircraft, including airframes, aircraft
engines, propellers, appliances, and parts thereof; and
(2) The performance of the maintenance, preventive maintenance, and
alteration of its aircraft, including airframes, aircraft engines,
propellers, appliances, emergency equipment, and parts thereof, in accordance
with its manual and the regulations of this chapter.
(b) A certificate holder may make arrangements with another person for the
performance of any maintenance, preventive maintenance, or alterations.
However, this does not relieve the certificate holder of the responsibility
specified in paragraph (a) of this section.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-106, 38
FR 22378, Aug. 20, 1973]
Sec. 121.365 Maintenance, preventive maintenance, and alteration
organization.
(a) Each certificate holder that performs any of its maintenance (other
than required inspections), preventive maintenance, or alterations, and each
person with whom it arranges for the performance of that work must have an
organization adequate to perform the work.
(b) Each certificate holder that performs any inspections required by its
manual in accordance with Sec. 121.369(b)(2) or (3) (in this subpart referred
to as "required inspections") and each person with whom it arranges for the
performance of that work must have an organization adequate to perform that
work.
(c) Each person performing required inspections in addition to other
maintenance, preventive maintenance, or alterations, shall organize the
performance of those functions so as to separate the required inspection
functions from the other maintenance, preventive maintenance, and alteration
functions. The separation shall be below the level of administrative control
at which overall responsibility for the required inspection functions and
other maintenance, preventive maintenance, and alteration functions are
exercised.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-3, 30 FR
3639, Mar. 19, 1965]
Sec. 121.367 Maintenance, preventive maintenance, and alterations programs.
Each certificate holder shall have an inspection program and a program
covering other maintenance, preventive maintenance, and alterations that
ensures that--
(a) Maintenance, preventive maintenance, and alterations performed by it,
or by other persons, are performed in accordance with the certificate
holder's manual;
(b) Competent personnel and adequate facilities and equipment are provided
for the proper performance of maintenance, preventive maintenance, and
alterations; and
(c) Each aircraft released to service is airworthy and has been properly
maintained for operation under this part.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-100, 37
FR 28053, Dec. 20, 1972]
Sec. 121.369 Manual requirements.
(a) The certificate holder shall put in its manual a chart or description
of the certificate holder's organization required by Sec. 121.365 and a list
of persons with whom it has arranged for the performance of any of its
required inspections, other maintenance, preventive maintenance, or
alterations, including a general description of that work.
(b) The certificate holder's manual must contain the programs required by
Sec. 121.367 that must be followed in performing maintenance, preventive
maintenance, and alterations of that certificate holder's airplanes,
including airframes, aircraft engines, propellers, appliances, emergency
equipment, and parts thereof, and must include at least the following:
(1) The method of performing routine and nonroutine maintenance (other than
required inspections), preventive maintenance, and alterations.
(2) A designation of the items of maintenance and alteration that must be
inspected (required inspections), including at least those that could result
in a failure, malfunction, or defect endangering the safe operation of the
aircraft, if not performed properly or if improper parts or materials are
used.
(3) The method of performing required inspections and a designation by
occupational title of personnel authorized to perform each required
inspection.
(4) Procedures for the reinspection of work performed pursuant to previous
required inspection findings ("buy-back procedures").
(5) Procedures, standards, and limits necessary for required inspections
and acceptance or rejection of the items required to be inspected and for
periodic inspection and calibration of precision tools, measuring devices,
and test equipment.
(6) Procedures to ensure that all required inspections are performed.
(7) Instructions to prevent any person who performs any item of work from
performing any required inspection of that work.
(8) Instructions and procedures to prevent any decision of an inspector,
regarding any required inspection from being countermanded by persons other
than supervisory personnel of the inspection unit, or a person at that level
of administrative control that has overall responsibility for the management
of both the required inspection functions and the other maintenance,
preventive maintenance, and alterations functions.
(9) Procedures to ensure that required inspections, other maintenance,
preventive maintenance, and alterations that are not completed as a result of
shift changes or similar work interruptions are properly completed before the
aircraft is released to service.
(c) The certificate holder must set forth in its manual a suitable system
(which may include a coded system) that provides for preservation and
retrieval of information in a manner acceptable to the Administrator and that
provides--
(1) A description (or reference to data acceptable to the Administrator) of
the work performed;
(2) The name of the person performing the work if the work is performed by
a person outside the organization of the certificate holder; and
(3) The name or other positive identification of the individual approving
the work.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-94, 37 FR
15983, Aug. 9, 1972; Amdt. 121-106, 38 FR 22378, Aug. 20, 1973]
Sec. 121.371 Required inspection personnel.
(a) No person may use any person to perform required inspections unless the
person performing the inspection is appropriately certificated, properly
trained, qualified, and authorized to do so.
(b) No person may allow any person to perform a required inspection unless,
at that time, the person performing that inspection is under the supervision
and control of an inspection unit.
(c) No person may perform a required inspection if he performed the item of
work required to be inspected.
(d) Each certificated holder shall maintain, or shall determine that each
person with whom it arranges to perform its required inspections maintains, a
current listing of persons who have been trained, qualified, and authorized
to conduct required inspections. The persons must be identified by name,
occupational title, and the inspections that they are authorized to perform.
The certificated holder (or person with whom it arranges to perform its
required inspections) shall give written information to each person so
authorized describing the extent of his responsibilities authorities, and
inspectional limitations. The list shall be made available for inspection by
the Administrator upon request.
Sec. 121.373 Continuing analysis and surveillance.
(a) Each certificate holder shall establish and maintain a system for the
continuing analysis and surveillance of the performance and effectiveness of
its inspection program and the program covering other maintenance, preventive
maintenance, and alterations and for the correction of any deficiency in
those programs, regardless of whether those programs are carried out by the
certificate holder or by another person.
(b) Whenever the Administrator finds that either or both of the programs
described in paragraph (a) of this section does not contain adequate
procedures and standards to meet the requirements of this part, the
certificate holder shall, after notification by the Administrator, make any
changes in those programs that are necessary to meet those requirements.
(c) A certificate holder may petition the Administrator to reconsider the
notice to make a change in a program. The petition must be filed with the FAA
Flight Standards District Office charged with the overall inspection of the
certificate holder's operations within 30 days after the certificate holder
receives the notice. Except in the case of an emergency requiring immediate
action in the interest of safety, the filing of the petition stays the notice
pending a decision by the Administrator.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-207, 54
FR 39293, Sept. 25, 1989]
Sec. 121.375 Maintenance and preventive maintenance training program.
Each certificate holder or person performing maintenance or preventive
maintenance functions for it shall have a training program to ensure that
each person (including inspection personnel) who determines the adequacy of
work done is fully informed about procedures and techniques and new equipment
in use and is competent to perform his duties.
Sec. 121.377 Maintenance and preventive maintenance personnel duty time
limitations.
Within the United States, each certificate holder (or person performing
maintenance or preventive maintenance functions for it) shall relieve each
person performing maintenance or preventive maintenance from duty for a
period of at least 24 consecutive hours during any seven consecutive days, or
the equivalent thereof within any one calendar month.
Sec. 121.378 Certificate requirements.
(a) Except for maintenance, preventive maintenance, alterations, and
required inspections performed by repair stations certificated under the
provisions of Subpart C of Part 145, each person who is directly in charge of
maintenance, preventive maintenance, or alteration, and each person
performing required inspections must hold an appropriate airman certificate.
(b) For the purposes of this section, a person "directly in charge" is each
person assigned to a position in which he is responsible for the work of a
shop or station that performs maintenance, preventive maintenance,
alterations, or other functions affecting aircraft airworthiness. A person
who is "directly in charge" need not physically observe and direct each
worker constantly but must be available for consultation and decision on
matters requiring instruction or decision from higher authority than that of
the persons performing the work.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-21, 31 FR
10618, Aug. 9, 1966]
Sec. 121.379 Authority to perform and approve maintenance, preventive
maintenance, and alterations.
(a) A certificate holder may perform, or it may make arrangements with
other persons to perform, maintenance, preventive maintenance, and
alterations as provided in its continuous airworthiness maintenance program
and its maintenance manual. In addition, a certificate holder may perform
these functions for another certificate holder as provided in the continuous
airworthiness maintenance program and maintenance manual of the other
certificate holder.
(b) A certificate holder may approve any aircraft, airframe, aircraft
engine, propeller, or appliance for return to service after maintenance,
preventive maintenance, or alterations that are performed under paragraph (a)
of this section. However, in the case of a major repair or major alteration,
the work must have been done in accordance with technical data approved by
the Administrator.
[Amdt. 121-69, 35 FR 16793, Oct. 30, 1970]
Sec. 121.380 Maintenance recording requirements.
(a) Each certificate holder shall keep (using the system specified in the
manual required in Sec. 121.369) the following records for the periods
specified in paragraph (b) of this section:
(1) All the records necessary to show that all requirements for the
issuance of an airworthiness release under Sec. 121.709 have been met.
(2) Records containing the following information:
(i) The total time in service of the airframe.
(ii) The current status of life-limited parts of each airframe, engine,
propeller, rotor, and appliance.
(iii) The time since last overhaul of all items installed on the aircraft
which are required to be overhauled on a specified time basis.
(iv) The identification of the current inspection status of the aircraft,
including the times since the last inspections required by the inspection
program under which the aircraft and its appliances are maintained.
(v) The current status of applicable airworthiness directives, including
the method of compliance.
(vi) A list of current major alterations to each airframe, engine,
propeller, rotor, and appliance.
(b) Each certificate holder shall retain the records required to be kept by
this section for the following periods:
(1) Except for the records of the last complete overhaul of each airframe,
engine, propeller, rotor, and appliance, the records specified in paragraph
(a)(1) of this section shall be retained until the work is repeated or
superseded by other work or for 1 year after the work is performed.
(2) The records of the last complete overhaul of each airframe, engine,
propeller, rotor, and appliance shall be retained until the work is
superseded by work of equivalent scope and detail.
(3) The records specified in paragraph (a)(2) of this section shall be
retained and transferred with the aircraft at the time the aircraft is sold.
(c) The certificate holder shall make all maintenance records required to
be kept by this section available for inspection by the Administrator or any
authorized representative of the National Transportation Safety Board (NTSB).
[Amdt. 121-94, 37 FR 15983, Aug. 9, 1972]
Sec. 121.380a Transfer of maintenance records.
Each certificate holder who sells a U.S. registered aircraft shall transfer
to the purchaser, at the time of sale, the following records of that
aircraft, in plain language form or in coded form at the election of the
purchaser, if the coded form provides for the preservation and retrieval of
information in a manner acceptable to the Administrator:
(a) The record specified in Sec. 121.380(a)(2).
(b) The records specified in Sec. 121.380(a)(1) which are not included in
the records covered by paragraph (a) of this section, except that the
purchaser may permit the seller to keep physical custody of such records.
However, custody of records in the seller does not relieve the purchaser of
his responsibility under Sec. 121.380(c) to make the records available for
inspection by the Administrator or any authorized representative of the
National Transportation Safety Board (NTSB).
This subpart prescribes airman and crewmember requirements for all
certificate holders.
Sec. 121.383 Airman: Limitations on use of services.
(a) No certificate holder may use any person as an airman nor may any
person serve as an airman unless that person--
(1) Holds an appropriate current airman certificate issued by the FAA;
(2) Has any required appropriate current airman and medical certificates in
his possession while engaged in operations under this part; and
(3) Is otherwise qualified for the operation for which he is to be used.
(b) Each airman covered by paragraph (a)(2) of this section shall present
either or both certificates for inspection upon the request of the
Administrator.
(c) No certificate holder may use the services of any person as a pilot on
an airplane engaged in operations under this part if that person has reached
his 60th birthday. No person may serve as a pilot on an airplane engaged in
operations under this part if that person has reached his 60th birthday.
[Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as amended by Amdt. 121-144, 43
FR 22646, May 25, 1978]
Sec. 121.385 Composition of flight crew.
(a) No certificate holder may operate an airplane with less than the
minimum flight crew in the airworthiness certificate or the airplane Flight
Manual approved for that type airplane and required by this part for the kind
of operation being conducted.
(b) In any case in which this part requires the performance of two or more
functions for which an airman certificate is necessary, that requirement is
not satisfied by the performance of multiple functions at the same time by
one airman.
(c) The following minimum pilot crews apply:
(1) Domestic air carriers. If a domestic air carrier is authorized to
operate under IFR, or if it operates large aircraft, the minimum pilot crew
is two pilots and the air carrier shall designate one pilot as pilot in
command and the other second in command.
(2) Flag air carriers. If a flag air carrier is authorized to operate under
IFR, or if it operates large aircraft, the minimum pilot crew is two pilots.
(3) Supplemental air carriers and Commercial operators. If a supplemental
air carrier or commercial operator is authorized to operate helicopters under
IFR, or if it operates large aircraft, the minimum pilot crew is two pilots
and the supplemental air carrier or commercial operator shall designate one
pilot as pilot in command and the other second in command.
(d) On each flight requiring a flight engineer at least one flight
crewmember, other than the flight engineer, must be qualified to provide
emergency performance of the flight engineer's functions for the safe
completion of the flight if the flight engineer becomes ill or is otherwise
incapacitated. A pilot need not hold a flight engineer's certificate to
perform the flight engineer's functions in such a situation.
[Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as amended by Amdt. 121-178, 47
FR 13316, Mar. 29, 1982]
Sec. 121.387 Flight engineer.
No certificate holder may operate an airplane for which a type certificate
was issued before January 2, 1964, having a maximum certificated takeoff
weight of more than 80,000 pounds without a flight crewmember holding a
current flight engineer certificate. For each airplane type certificated
after January 1, 1964, the requirement for a flight engineer is determined
under the type certification requirements of Sec. 25.1523.
[Amdt. 121-4, 30 FR 6067, Apr. 29, 1965]
Sec. 121.389 Flight navigator and specialized navigation equipment.
(a) No certificate holder may operate an airplane outside the 48 contiguous
States and the District of Columbia, when its position cannot be reliably
fixed for a period of more than 1 hour, without--
(1) A flight crewmember who holds a current flight navigator certificate;
or
(2) Specialized means of navigation approved in accordance with Sec.
121.355 which enables a reliable determination to be made of the position of
the airplane by each pilot seated at his duty station.
(b) Notwithstanding paragraph (a) of this section, the Administrator may
also require a flight navigator or special navigation equipment, or both,
when specialized means of navigation are necessary for 1 hour or less. In
making this determination, the Administrator considers--
(1) The speed of the airplane;
(2) Normal weather conditions en route;
(3) Extent of air traffic control;
(4) Traffic congestion;
(5) Area of navigational radio coverage at destination;
(6) Fuel requirements;
(7) Fuel available for return to point of departure or alternates;
(8) Predication of flight upon operation beyond the point of no return; and
(9) Any other factors he determines are relevant in the interest of safety.
(c) Operations where a flight navigator or special navigation equipment, or
both, are required are specified in the operations specifications of the air
carrier or commercial operator.
[Amdt. 121-89, 37 FR 6464, Mar. 30, 1972, as amended by Amdt. 121-178, 47 FR
13316, Mar. 29, 1982]
Sec. 121.391 Flight attendants.
(a) Each certificate holder shall provide at least the following flight
attendants on each passenger-carrying airplane used:
(1) For airplanes having a seating capacity of more than nine but less than
51 passengers--one flight attendant.
(2) For airplanes having a seating capacity of more than 50 but less than
101 passengers--two flight attendants.
(3) For airplanes having a seating capacity of more than 100 passengers--
two flight attendants plus one additional flight attendant for each unit (or
part of a unit) of 50 passenger seats above a seating capacity of 100
passengers.
(b) If, in conducting the emergency evacuation demonstration required under
Sec. 121.291 (a) or (b), the certificate holder used more flight attendants
than is required under paragraph (a) of this section for the maximum seating
capacity of the airplane used in the demonstration, he may not, thereafter,
take off that airplane--
(1) In its maximum seating capacity configuration with fewer flight
attendants than the number used during the emergency evacuation
demonstration; or
(2) In any reduced seating capacity configuration with fewer flight
attendants than the number required by paragraph (a) of this section for that
seating capacity plus the number of flight attendants used during the
emergency evacuation demonstration that were in excess of those required
under paragraph (a) of this section.
(c) The number of flight attendants approved under paragraphs (a) and (b)
of this section are set forth in the certificate holder's operations
specifications.
(d) During takeoff and landing, flight attendants required by this section
shall be located as near as practicable to required floor level exists and
shall be uniformly distributed throughout the airplane in order to provide
the most effective egress of passengers in event of an emergency evacuation.
During taxi, flight attendants required by this section must remain at their
duty stations with safety belts and shoulder harnesses fastened except to
perform duties related to the safety of the airplane and its occupants.
(e) At stops where passengers remain on board the aircraft and proceed on
that aircraft to another destination, each certificate holder shall provide
and maintain on board the aircraft during that stop at least one-half
(rounded to the next lower figure in the case of a fraction) of the flight
attendants as provided in paragraph (a) of this section or the same number of
other personnel qualified in the emergency evacuation procedures for that
aircraft as required in Sec. 121.417 provided those personnel are identified
to the passengers, but never fewer than one such person. These persons shall
be uniformly distributed throughout the airplane to provide the most
effective egress of passengers in the event of an emergency evacuation.
Should there be only one flight attendant on board the aircraft, that person
will be located in accordance with the airline's FAA-approved operating
procedures. During such stops when the flight attendant complement is fewer
than required by Sec. 121.391(a), the certificate holder must ensure that the
aircraft engines are shut down and at least one floor-level exit on that
aircraft remains open during the stop and that such exit provides for the
deplaning of passengers.
Sec. 121.395 Aircraft dispatcher: Domestic and flag air carriers.
Each domestic and flag air carrier shall provide enough qualified aircraft
dispatchers at each dispatch center to ensure proper operational control of
each flight.
Sec. 121.397 Emergency and emergency evacuation duties.
(a) Each certificate holder shall, for each type and model of airplane,
assigned to each category of required crewmember, as appropriate, the
necessary functions to be performed in an emergency or a situation requiring
emergency evacuation. The certificate holder shall show those functions are
realistic, can be practically accomplished, and will meet any reasonably
anticipated emergency including the possible incapacitation of individual
crewmembers or their inability to reach the passenger cabin because of
shifting cargo in combination cargo-passenger airplanes.
(b) The certificate holder shall describe in its manual the functions of
each category of required crewmembers under paragraph (a) of this section.
[Amdt. 121-2, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-7, 30 FR
6727, May 18, 1965]
(a) This subpart prescribes the requirements applicable to each certificate
holder for establishing and maintaining a training program for crewmembers,
aircraft dispatchers, and other operations personnel, and for the approval
and use of training devices in the conduct of the program.
(b) For the purpose of this subpart, airplane groups are as follows:
(1) Group I. Propeller driven, including--
(i) Reciprocating powered; and
(ii) Turbopropeller powered.
(2) Group II. Turbojet powered.
(c) For the purpose of this subpart, the following terms and definitions
apply:
(1) Initial training. The training required for crewmembers and dispatchers
who have not qualified and served in the same capacity on another airplane of
the same group.
(2) Transition training. The training required for crewmembers and
dispatchers who have qualified and served in the same capacity on another
airplane of the same group.
(3) Upgrade training. The training required for crewmembers who have
qualified and served as second in command or flight engineer on a particular
airplane type, before they serve as pilot in command or second in command,
respectively, on that airplane.
(4) Differences training. The training required for crewmembers and
dispatchers who have qualified and served on a particular type airplane, when
the Administrator finds differences training is necessary before a crewmember
serves in the same capacity on a particular variation of that airplane.
(5) Programmed hours. The hours of training prescribed in this subpart
which may be reduced by the Administrator upon a showing by the certificate
holder that circumstances justify a lesser amount.
(6) Inflight. Refers to maneuvers, procedures, or functions that must be
conducted in the airplane.
[Amdt. 121-55, 35 FR 90, Jan. 3, 1970; 35 FR 2819, Feb. 11, 1970, as amended
by Amdt. 121-104, 38 FR 14915, June 7, 1973]
Sec. 121.401 Training program: General.
(a) Each certificate holder shall:
(1) Establish, obtain the appropriate initial and final approval of, and
provide, a training program that meets the requirements of this subpart and
Appendixes E and F and that insures that each crewmember, aircraft
dispatcher, flight instructor, and check airman, and each person assigned
duties for the carriage and handling of dangerous articles and magnetized
materials, is adequately trained to perform his assigned duties.
(2) Provide adequate ground and flight training facilities and properly
qualified ground instructors for the training required by this subpart;
(3) Provide and keep current with respect to each airplane type and, if
applicable, the particular variations within that airplane type, appropriate
training material, examinations, forms, instructions, and procedures for use
in conducting the training and checks required by this part; and
(4) Provide enough flight instructors, simulator instructors, and approved
check airmen to conduct required flight training and flight checks, and
simulator training courses permitted under this part.
(b) Whenever a crewmember or aircraft dispatcher who is required to take
recurrent training, a flight check, or a competence check, takes the check or
completes the training in the calendar month before or after the calendar
month in which that training or check is required, he is considered to have
taken or completed it in the calendar month in which it was required.
(c) Each instructor, supervisor, or check airman who is responsible for a
particular ground training subject, segment of flight training, course of
training, flight check, or competence check under this part shall certify as
to the proficiency and knowledge of the crewmember, aircraft dispatcher,
flight instructor, or check airman concerned upon completion of that training
or check. That certification shall be made a part of the crewmember's or
dispatcher's record. When the certification required by this paragraph is
made by an entry in a computerized recordkeeping system, the certifying
instructor, supervisor, or check airman must be identified with that entry.
However, the signature of the certifying instructor, supervisor, or check
airman is not required for computerized entries.
(d) Training subjects that are applicable to more than one airplane or
crewmember position and that have been satisfactorily completed in connection
with prior training for another airplane or another crewmember position, need
not be repeated during subsequent training other than recurrent training.
(e) A person who progresses successfully through flight training, is
recommended by his instructor or a check airman, and successfully completes
the appropriate flight check for a check airman or the Administrator, need
not complete the programmed hours of flight training for the particular
airplane. However, whenever the Administrator finds that 20 percent of the
flight checks given at a particular training base during the previous 6
months under this paragraph are unsuccessful, this paragraph may not be used
by the certificate holder at that base until the Administrator finds that the
effectiveness of the flight training there has improved.
In the case of a certificate holder using a course of training permitted in
Sec. 121.409(c), the Administrator may require the programmed hours of
inflight training in whole or in part, until he finds the effectiveness of
the flight training has improved as provided in paragraph (e) of this
section.
[Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-104, 38 FR
14915, June 7, 1973; Amdt. 121-108, 38 FR 35446, Dec. 28, 1973; Amdt. 121-
143, 43 FR 22642, May 25, 1978]
Sec. 121.403 Training program: Curriculum.
(a) Each certificate holder must prepare and keep current a written
training program curriculum for each type of airplane with respect to
dispatchers and each crewmember required for that type airplane. The
curriculum must include ground and flight training required by this subpart.
(b) Each training program curriculum must include:
(1) A list of principal ground training subjects, including emergency
training subjects, that are provided.
(2) A list of all the training devices mockups, systems trainers,
procedures trainers, or other training aids that the certificate holder will
use.
(3) Detailed descriptions or pictorial displays of the approved normal,
abnormal, and emergency maneuvers, procedures and functions that will be
performed during each flight training phase or flight check, indicating those
maneuvers, procedures and functions that are to be performed during the
inflight portions of flight training and flight checks.
(4) A list of airplane simulators or other training devices approved under
Sec. 121.407, including approvals for particular maneuvers, procedures, or
functions.
(5) The programmed hours of training that will be applied to each phase of
training.
(6) A copy of each statement issued by the Administrator under Sec.
121.405(d) for reduction of programmed hours of training.
Sec. 121.404 Windshear training: Compliance dates.
After January 2, 1991, no certificate holder may use a person as a flight
crewmember unless that person has completed--
(a) Windshear ground training in accordance with Sec. 121.419 of this part.
(b) Windshear flight training, if applicable, in accordance with Secs.
121.409, 121.424, and 121.427 of this part.
Sec. 121.405 Training program and revision: Initial and final approval.
(a) To obtain initial and final approval of a training program, or a
revision to an approved training program, each certificate holder must submit
to the Administrator--
(1) An outline of the proposed program or revision, including an outline of
the proposed or revised curriculum, that provides enough information for a
preliminary evaluation of the proposed training program or revised training
program; and
(2) Additional relevant information as may be requested by the
Administrator.
(b) If the proposed training program or revision complies with this subpart
the Administrator grants initial approval in writing after which the
certificate holder may conduct the training in accordance with that program.
The Administrator then evaluates the effectiveness of the training program
and advises the certificate holder of deficiencies, if any, that must be
corrected.
(c) The Administrator grants final approval of the training program or
revision if the certificate holder shows that the training conducted under
the initial approval set forth in paragraph (b) of this section ensures that
each person that successfully completes the training is adequately trained to
perform his assigned duties.
(d) In granting initial and final approval of training programs or
revisions, including reductions in programmed hours specified in this
subpart, the Administrator considers the training aids, devices, methods, and
procedures listed in the certificate holder's curriculum as set forth in Sec.
121.403 that increase the quality and effectiveness of the teaching-learning
process.
If approval of reduced programmed hours of training is granted, the
Administrator provides the certificate holder with a statement of the basis
for the approval.
(e) Whenever the Administrator finds that revisions are necessary for the
continued adequacy of a training program that has been granted final
approval, the certificate holder shall, after notification by the
Administrator, make any changes in the program that are found necessary by
the Administrator. Within 30 days after the certificate holder receives such
notice, it may file a petition to reconsider the notice with the FAA Flight
Standards District Office charged with the overall inspection of the
certificate holder's operations. The filing of a petition to reconsider stays
the notice pending a decision by the Administrator. However, if the
Administrator finds that there is an emergency that requires immediate action
in the interest of safety in air transportation, he may, upon a statement of
the reasons, require a change effective without stay.
[Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-207, 54 FR
39293, Sept. 25, 1989]
Sec. 121.407 Training program: Approval of airplane simulators and other
training devices.
(a) Each airplane simulator and other training device that is used in a
training course permitted under Sec. 121.409, in checks required under
Subpart O of this part or as permitted in Appendices E and F to this part
must:
(1) Be specifically approved for--
(i) The certificate holder;
(ii) The type airplane and, if applicable, the particular variation within
type, for which the training or check is being conducted; and
(iii) The particular maneuver, procedure, or crewmember function involved.
(2) Maintain the performance, functional, and other characteristics that
are required for approval.
(3) Be modified to conform with any modification to the airplane being
simulated that results in changes to performance, functional, or other
characteristics required for approval.
(4) Be given a daily functional preflight check before being used.
(5) Have a daily discrepancy log kept with each discrepancy entered in that
log by the appropriate instructor or check airman at the end of each training
or check flight.
(b) A particular airplane simulator or other training device may be
approved for use by more than one certificate holder.
(c) An airplane simulator may be used instead of the airplane to satisfy
the in-flight requirements of Secs. 121.439 and 121.441 and Appendices E and
F of this part, if the simulator--
(1) Is approved under this section and meets the appropriate simulator
requirements of Appendix H of this part; and
(2) Is used as part of an approved program that meets the training
requirements of Sec. 121.424 (a) and (c) and Appendix H of this part.
(d) An airplane simulator approved under this section must be used instead
of the airplane to satisfy the pilot flight training requirements prescribed
in the certificate holder's approved low-altitude windshear flight training
program set forth in Sec. 121.409(d) of this part.
[Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-161, 45 FR
44183, June 30, 1980; Amdt. 121-199, 53 FR 37696, Sept. 27, 1988]
Sec. 121.409 Training courses using airplane simulators and other training
devices.
(a) Training courses utilizing airplane simulators and other training
devices may be included in the certificate holder's approved training program
for use as provided in this section.
(b) A course of training in an airplane simulator may be included for use
as provided in Sec. 121.441 if that course--
(1) Provides at least 4 hours of training at the pilot controls of an
airplane simulator as well as a proper briefing before and after the
training;
(2) Provides training in at least the procedures and maneuvers set forth in
Appendix F to this part; or
(3) Provides line-oriented training that--
(i) Utilizes a complete flight crew;
(ii) Includes at least the maneuvers and procedures (abnormal and
emergency) that may be expected in line operations;
(iii) Is representative of the flight segment appropriate to the operations
being conducted by the certificate holder; and
(4) Is given by an instructor who meets the applicable requirements of Sec.
121.411.
The satisfactory completion of the course of training must be certified by
either the Administrator or a qualified check airman.
(c) The programmed hours of flight training set forth in this subpart do
not apply if the training program for the airplane type includes--
(1) A course of pilot training in an airplane simulator as provided in Sec.
121.424(d); or
(2) A course of flight engineer training in an airplane simulator or other
training device as provided in Sec. 121.425(c).
(d) Each certificate holder required to comply with Sec. 121.358 of this
part must use an approved simulator for each airplane type in each of its
pilot training courses that provides training in at least the procedures and
maneuvers set forth in the certificate holder's approved low-altitude
windshear flight training program. The approved low-altitude windshear flight
training, if applicable, must be included in each of the pilot flight
training courses prescribed in Secs. 121.409(b), 121.418, 121.424, and
121.427 of this part.
Sec. 121.411 Training program; Check airman and instructor qualifications.
(a) No certificate holder may use a person nor may any person serve as a
flight instructor or check airman in a training program established under
this subpart unless, with respect to the particular airplane type involved,
that person--
(1) Holds the airman certificates and ratings that must be held in order to
serve as a pilot in command, a flight engineer, or a flight navigator, as
appropriate, in operations under this part;
(2) Has satisfactorily completed the appropriate training phases for the
airplane, including recurrent training, that are required in order to serve
as a pilot in command, flight engineer, or flight navigator in operations
under this part;
(3) Has satisfactorily completed the appropriate proficiency or competence
checks that are required in order to serve as a pilot in command, flight
enginers, or flight navigator in operations under this part;
(4) Has satisfactorily completed the applicable training requirements of
Sec. 121.413;
(5) In the case of a check airman, has been approved for the airplane and
the check airman duties involved; and
(6) Holds at least a Class III medical certificate. However, pilot check
airmen who have passed their 60th birthday or check airmen who do not hold an
appropriate medical certificate may not serve as a flight crewmember in
operations under this part.
(b) No certificate holder may use a person nor may any person serve as a
simulator instructor for a course of training given in an airplane simulator
as provided in Sec. 121.409(b) unless that person--
(1) Holds an airline transport pilot certificate; and
(2) Has satisfactorily completed for a check airman or for the
Administrator--
(i) Appropriate initial pilot ground training and ground training for a
flight instructor as provided in Sec. 121.413; and
(ii) A simulator flight training course in the type airplane simulator in
which that person instructs as provided by Sec. 121.409(c).
(c) Notwithstanding paragraphs (a) and (b) of this section, a person who
was designated as a check airman, a flight instructor, or a simulator
instructor before December 22, 1969, may continue to serve as such, with
respect to the particular type airplane involved, without completing the
training specified in Sec. 121.413.
Sec. 121.413 Check airmen and flight instructors: Initial and transition
training.
(a) The initial and transition ground training for pilot check airmen must
include the following:
(1) Pilot check airman duties, functions, and responsibilities.
(2) The applicable Federal Aviation Regulations and the certificate
holder's policy and procedures.
(3) The appropriate methods, procedures, and techniques for conducting the
required checks.
(4) Proper evaluation of pilot performance including the detection of--
(i) Improper and insufficient training; and
(ii) Personal characteristics that could adversely affect safety.
(5) The appropriate corrective action in the case of unsatisfactory checks.
(6) The approved methods, procedures, and limitations for performing the
required normal, abnormal, and emergency procedures in the airplane.
(b) The initial and transition ground training for pilot flight instructors
must include the following:
(1) The fundamental principles of the teaching-learning process.
(2) Teaching methods and procedures.
(3) The instructor-student relationship.
However, paragraphs (b) (1), (2), and (3) of this section are not required
for the holder of a flight instructor certificate.
(c) The initial and transition flight training for pilot check airmen and
pilot flight instructors must include the following:
(1) Enough inflight training and practice in conducting flight checks from
the left and right pilot seats in the required normal, abnormal, and
emergency maneuvers to insure his competence to conduct the pilot flight
checks and flight training required by this part.
(2) The appropriate safety measures to be taken from either pilot seat for
emergency situations that are likely to develop in training.
(3) The potential results of improper or untimely safety measures during
training.
The requirements of paragraphs (c) (2) and (3) of this section may be
accomplished inflight or in an approved simulator.
(d) The initial and transition ground and flight training for flight
engineer and flight navigator flight instructors and check airmen must be
adequate to insure competence to perform their assigned duties.
Sec. 121.415 Crewmember and dispatcher training requirements.
(a) Each training program must provide the following ground training as
appropriate to the particular assignment of the crewmember or dispatcher:
(1) Basic indoctrination ground training for newly hired crewmembers or
dispatchers including 40 programmed hours of instruction, unless reduced
under Sec. 121.405 or as specified in Sec. 121.401(d), in at least the
following--
(i) Duties and responsibilities of crewmembers or dispatchers, as
applicable;
(ii) Appropriate provisions of the Federal Aviation Regulations;
(iii) Contents of the certificate holder's operating certificate and
operations specifications (not required for flight attendants); and
(iv) Appropriate portions of the certificate holder's operating manual.
(2) The initial and transition ground training specified in Secs. 121.419
through 121.422, as applicable.
(3) Emergency training as specified in Sec. 121.417 (not required for
dispatchers).
(b) Each training program must provide the flight training specified in
Secs. 121.424 through 121.426, as applicable.
(c) Each training program must provide recurrent ground and flight training
as provided in Sec. 121.427.
(d) Each training program must provide the differences training specified
in Sec. 121.418 if the Administrator finds that, due to differences between
airplanes of the same type operated by the certificate holder, additional
training is necessary to insure that each crewmember and dispatcher is
adequately trained to perform his assigned duties.
(e) Upgrade training as specified in Secs. 121.419 and 121.424 for a
particular type airplane may be included in the training program for
crewmembers who have qualified and served as second in command pilot or
flight engineer on that airplane.
(f) Particular subjects, maneuvers, procedures, or parts thereof specified
in Secs. 121.419 through 121.425 for transition or upgrade training, as
applicable, may be omitted, or the programmed hours of ground instruction or
inflight training may be reduced, as provided in Sec. 121.405.
(g) In addition to initial, transition, upgrade, recurrent and differences
training, each training program must also provide ground and flight training,
instruction, and practice as necessary to insure that each crewmember and
dispatcher--
(1) Remains adequately trained and currently proficient with respect to
each airplane, crewmember position, and type of operation in which he serves;
and
(2) Qualifies in new equipment, facilities, procedures, and techniques,
including modifications to airplanes.
[Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-130, 41 FR
47229, Oct. 28, 1976]
Sec. 121.417 Crewmember emergency training.
(a) Each training program must provide the emergency training set forth in
this section with respect to each airplane type, model, and configuration,
each required crewmember, and each kind of operation conducted, insofar as
appropriate for each crewmember and the certificate holder.
(b) Emergency training must provide the following:
(1) Instruction in emergency assignments and procedures, including
coordination among crewmembers.
(2) Individual instruction in the location, function, and operation of
emergency equipment including--
(i) Equipment used in ditching and evacuation;
(ii) First aid equipment and its proper use;
(iii) Portable fire extinguishers, with emphasis on type of extinguisher to
be used on different classes of fires; and
(iv) Emergency exits in the emergency mode with the evacuation slide/raft
pack attached (if applicable), with training emphasis on the operation of the
exits under adverse conditions.
(3) Instruction in the handling of emergency situations including--
(i) Rapid decompression;
(ii) Fire in flight or on the surface, and smoke control procedures with
emphasis on electrical equipment and related circuit breakers found in cabin
areas including all galleys, service centers, lifts, lavatories and movie
screens;
(iii) Ditching and other evacuation, including the evacuation of persons
and their attendants, if any, who may need the assistance of another person
to move expeditiously to an exit in the event of an emergency.
(iv) Illness, injury, or other abnormal situations involving passengers or
crewmembers to include familiarization with the emergency medical kit; and
(v) Hijacking and other unusual situations.
(4) Review and discussion of previous aircraft accidents and incidents
pertaining to actual emergency situations.
(c) Each crewmember must accomplish the following emergency training during
the specified training periods, using those items of installed emergency
equipment for each type of airplane in which he or she is to serve (Alternate
recurrent training required by Sec. 121.433(c) of this part may be
accomplished by approved pictorial presentation or demonstration):
(1) One-time emergency drill requirements to be accomplished during initial
training. Each crewmember must perform--
(i) At least one approved protective breathing equipment (PBE) drill in
which the crewmember combats an actual or simulated fire using at least one
type of installed hand fire extinguisher or approved fire extinguisher that
is appropriate for the type of actual fire or simulated fire to be fought
while using the type of installed PBE required by Sec. 121.337 or approved
PBE simulation device as defined by paragraph (d) of this section for
combatting fires aboard airplanes;
(ii) At least one approved firefighting drill in which the crewmember
combats an actual fire using at least one type of installed hand fire
extinguisher or approved fire extinguisher that is appropriate for the type
of fire to be fought. This firefighting drill is not required if the
crewmember performs the PBE drill of paragraph (c)(1)(i) by combating an
actual fire; and
(iii) An emergency evacuation drill with each person egressing the airplane
or approved training device using at least one type of installed emergency
evacuation slide. The crewmember may either observe the airplane exits being
opened in the emergency mode and the associated exit slide/raft pack being
deployed and inflated, or perform the tasks resulting in the accomplishment
of these actions.
(2) Additional emergency drill requirements to be accomplished during
initial training and once each 24 calendar months during recurrent training.
Each crewmember must--
(i) Perform the following emergency drills and operate the following
equipment:
(A) Each type of emergency exit in the normal and emergency modes,
including the actions and forces required in the deployment of the emergency
evacuation slides;
(B) Each type of installed hand fire extinguisher;
(C) Each type of emergency oxygen system to include protective breathing
equipment;
(D) Donning, use, and inflation of individual flotation means, if
applicable; and
(E) Ditching, if applicable, including but not limited to, as appropriate:
(1) Cockpit preparation and procedures;
(2) Crew coordination;
(3) Passenger briefing and cabin preparation;
(4) Donning and inflation of life preservers;
(5) Use of life-lines; and
(6) Boarding of passengers and crew into raft or a slide/raft pack.
(ii) Observe the following drills:
(A) Removal from the airplane (or training device) and inflation of each
type of life raft, if applicable;
(B) Transfer of each type of slide/raft pack from one door to another;
(C) Deployment, inflation, and detachment from the airplane (or training
device) of each type of slide/raft pack; and
(D) Emergency evacuation including the use of a slide.
(d) After September 1, 1993, no crewmember may serve in operations under
this part unless that crewmember has performed the PBE drill and the
firefighting drill described by paragraphs (c)(1)(i) and (c)(1)(ii) of this
section, as part of a one-time training requirement of paragraphs (c)(1) or
(c)(2) of this section as appropriate. Any crewmember who performs the PBE
drill and the firefighting drill prescribed in paragraphs (c)(1)(i) and
(c)(1)(ii) of this section after May 26, 1987, is deemed to be in compliance
with this regulation upon presentation of information or documentation, in a
form and manner acceptable to the Director, Flight Standards Service, showing
that the appropriate drills have been accomplished.
(e) Crewmembers who serve in operations above 25,000 feet must receive
instruction in the following:
(1) Respiration.
(2) Hypoxia.
(3) Duration of consciousness without supplemental oxygen at altitude.
(4) Gas expansion.
(5) Gas bubble formation.
(6) Physical phenomena and incidents of decompression.
(f) For the purposes of this section the following definitions apply:
(1) Actual fire means an ignited combustible material, in controlled
conditions, of sufficient magnitude and duration to accomplish the training
objectives outlined in paragraphs (c)(1)(i) and (c)(1)(ii) of this section.
(2) Approved fire extinguisher means a training device that has been
approved by the Administrator for use in meeting the training requirements of
Sec. 121.417(c).
(3) Approved PBE simulation device means a training device that has been
approved by the Administrator for use in meeting the training requirements of
Sec. 121.417(c).
(4) Combats, in this context, means to properly fight an actual or
simulated fire using an appropriate type of fire extinguisher until that fire
is extinguished.
(5) Observe means to watch without participating actively in the drill.
(6) PBE drill means an emergency drill in which a crewmember demonstrates
the proper use of protective breathing equipment while fighting an actual or
simulated fire.
(7) Perform means to satisfactorily accomplish a prescribed emergency drill
using established procedures that stress the skill of the persons involved in
the drill.
(8) Simulated fire means an artificial duplication of smoke or flame used
to create various aircraft firefighting scenarios, such as lavatory, galley
oven, and aircraft seat fires.
SUMMARY: The FAA revises the current regulations requiring Part 121
crewmembers to perform an approved firefighting drill using protective
breathing equipment (PBE). The current rule requiring training of Part 121
crewmembers in the use of protective breathing equipment (PBE) requires the
use of the PBE while fighting an actual fire. This final rule will permit air
carriers to use a simulated fire during PBE training if their training
includes an additional firefighting drill with an actual fire. This action
was prompted by a letter from the Association of Flight Attendants (AFA) and
petitions for exemption from Pan American World Airways (Pan Am) and United
Airlines, Inc. The objective of the amendment is to ensure that each
crewmember accomplishes a firefighting drill in which the crewmember combats
an actual fire in addition to, or combined with, a PBE drill.
DATES: This final rule is effective September 1, 1993.
Sec. 121.418 Differences training: Crewmembers and dispatchers.
(a) Differences training for crewmembers and dispatchers must consist of at
least the following as applicable to their assigned duties and
responsibilities:
(1) Instruction in each appropriate subject or part thereof required for
initial ground training in the airplane unless the Administrator finds that
particular subjects are not necessary.
(2) Flight training in each appropriate maneuver or procedure required for
initial flight training in the airplane unless the Administrator finds that
particular maneuvers or procedures are not necessary.
(3) The number of programmed hours of ground and flight training determined
by the Administrator to be necessary for the airplane, the operation, and the
crewmember or aircraft dispatcher involved.
Differences training for all variations of a particular type airplane may be
included in initial, transition, upgrade, and recurrent training for the
airplane.
Sec. 121.419 Pilots and flight engineers: Initial, transition, and upgrade
ground training.
(a) Initial, transition, and upgrade ground training for pilots and flight
engineers must include instruction in at least the following as applicable to
their assigned duties:
(1) General subjects--
(i) The certificate holder's dispatch or flight release procedures;
(ii) Principles and methods for determining weight and balance, and runway
limitations for takeoff and landing;
(iii) Enough meteorology to insure a practical knowledge of weather
phenomena, including the principles of frontal systems, icing, fog,
thunderstorms, and high altitude weather situations;
(iv) Air traffic control systems, procedures, and phraseology;
(v) Navigation and the use of navigation aids, including instrument
approach procedures;
(vi) Normal and emergency communication procedures;
(vii) Visual cues prior to and during descent below DH or MDA; and
(viii) Other instructions as necessary to ensure his competence.
(2) For each airplane type--
(i) A general description;
(ii) Performance characteristics;
(iii) Engines and propellers;
(iv) Major components;
(v) Major airplane systems (i.e., flight controls, electrical, hydraulic);
other systems as appropriate; principles of normal, abnormal, and emergency
operations; appropriate procedures and limitations;
(vi) Procedures for--
(A) Recognizing and avoiding severe weather situations;
(B) Escaping from severe weather situations, in case of inadvertent
encounters, including low-altitude windshear, and
(C) Operating in or near thunderstorms (including best penetrating
altitudes), turbulent air (including clear air turbulence), icing, hail, and
other potentially hazardous meteorological conditions;
(vii) Operating limitations;
(viii) Fuel consumption and cruise control;
(ix) Flight planning;
(x) Each normal and emergency procedure; and
(xi) The approved Airplane Flight Manual.
(b) Initial ground training for pilots and flight engineers must consist of
at least the following programmed hours of instruction in the required
subjects specified in paragraph (a) of this section and in Sec. 121.415(a)
unless reduced under Sec. 121.405:
(1) Group I airplanes--
(i) Reciprocating powered, 64 hours; and
(ii) Turbopropeller powered, 80 hours.
(2) Group II airplanes, 120 hours.
[Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-199, 53 FR
37696, Sept. 27, 1988]
Sec. 121.420 Flight navigators: Initial and transition ground training.
(a) Initial and transition ground training for flight navigators must
include instruction in the subjects specified in Sec. 121.419(a) as
appropriate to his assigned duties and responsibilities and in the following
with respect to the particular type airplane:
(1) Limitations on climb, cruise, and descent speeds.
(2) Each item of navigational equipment installed including appropriate
radio, radar, and other electronic equipment.
(3) Airplane performance.
(4) Airspeed, temperature, and pressure indicating instruments or systems.
(5) Compass limitations and methods of compensation.
(6) Cruise control charts and data, including fuel consumption rates.
(7) Any other instruction as necessary to ensure his competence.
(b) Initial ground training for flight navigators must consist of at least
the following programmed hours of instruction in the subjects specified in
paragraph (a) of this section and in Sec. 121.415(a) unless reduced under
Sec. 121.405:
(1) Group I airplanes--
(i) Reciprocating powered, 16 hours; and
(ii) Turbopropeller powered; 32 hours.
(2) Group II airplanes, 32 hours.
Sec. 121.421 Flight attendants: Initial and transition ground training.
(a) Initial and transition ground training for flight attendants must
include instruction in at least the following:
(1) General subjects--
(i) The authority of the pilot in command; and
(ii) Passenger handling, including the procedures to be followed in the
case of deranged persons or other persons whose conduct might jeopardize
safety.
(2) For each airplane type--
(i) A general description of the airplane emphasizing physical
characteristics that may have a bearing on ditching, evacuation, and inflight
emergency procedures and on other related duties;
(ii) The use of both the public address system and the means of
communicating with other flight crewmembers, including emergency means in the
case of attempted hijacking or other unusual situations; and
(iii) Proper use of electrical galley equipment and the controls for cabin
heat and ventilation.
(b) Initial and transition ground training for flight attendants must
include a competence check to determine ability to perform assigned duties
and responsibilities.
(c) Initial ground training for flight attendants must consist of at least
the following programmed hours of instruction in the subjects specified in
paragraph (a) of this section and in Sec. 121.415(a) unless reduced under
Sec. 121.405.
(1) Group I airplanes--
(i) Reciprocating powered, 8 hours; and
(ii) Turbopropeller powered, 8 hours.
(2) Group II airplanes, 16 hours.
Sec. 121.422 Aircraft dispatchers: Initial and transition ground training.
(a) Initial and transition ground training for aircraft dispatchers must
include instruction in at least the following:
(1) General subjects--
(i) Use of communications systems including the characteristics of those
systems and the appropriate normal and emergency procedures;
(ii) Meteorology, including various types of meteorological information and
forecasts, interpretation of weather data (including forecasting of en route
and terminal temperatures and other weather conditions), frontal systems,
wind conditions, and use of actual and prognostic weather charts for various
altitudes;
(iii) The NOTAM system;
(iv) Navigational aids and publications;
(v) Joint dispatcher-pilot responsibilities;
(vi) Characteristics of appropriate airports;
(vii) Prevailing weather phenomena and the available sources of weather
information; and
(viii) Air traffic control and instrument approach procedures.
(2) For each airplane--
(i) A general description of the airplane emphasizing operating and
performance characteristics, navigation equipment, instrument approach and
communication equipment, emergency equipment and procedures, and other
subjects having a bearing on dispatcher duties and responsibilities;
(ii) Flight operation procedures including procedures specified in Sec.
121.419(a)(2)(vi);
(iii) Weight and balance computations;
(iv) Basic airplane performance dispatch requirements and procedures;
(v) Flight planning including track selection, flight time analysis, and
fuel requirements; and
(vi) Emergency procedures.
(3) Emergency procedures must be emphasized, including the alerting of
proper governmental, company, and private agencies during emergencies to give
maximum help to an airplane in distress.
(b) Initial and transition ground training for aircraft dispatchers must
include a competence check given by an appropriate supervisor or ground
instructor that demonstrates knowledge and ability with the subjects set
forth in paragraph (a) of this section.
(c) Initial ground training for aircraft dispatchers must consist of at
least the following programmed hours of instruction in the subjects specified
in paragraph (a) of this section and in Sec. 121.415(a) unless reduced under
Sec. 121.405:
(1) Group I airplanes--
(i) Reciprocating powered, 30 hours; and
(ii) Turbopropeller powered, 40 hours.
(2) Group II airplanes, 40 hours.
Sec. 121.424 Pilots: Initial, transition, and upgrade flight training.
(a) Initial, transition, and upgrade training for pilots must include
flight training and practice in the maneuvers and procedures set forth in the
certificate holder's approved low-altitude windshear flight training program
and in Appendix E to this part, as applicable.
(b) The maneuvers and procedures required by paragraph (a) of this section
must be performed inflight except--
(1) That windshear maneuvers and procedures must be performed in a
simulator in which the maneuvers and procedures are specifically authorized
to be accomplished; and
(2) To the extent that certain other maneuvers and procedures may be
performed in an airplane simulator, an appropriate training device, or a
static airplane as permitted in Appendix E to this part.
(c) Except as permitted in paragraph (d) of this section, the initial
flight training required by paragraph (a) of this section must include at
least the following programmed hours of inflight training and practice unless
reduced under Sec. 121.405;
(1) Group I airplanes--
(i) Reciprocating powered. Pilot in command, 10 hours; second in command, 6
hours; and
(ii) Turbopropeller powered. Pilot in command, 15 hours; second in command,
7 hours.
(2) Group II airplanes. Pilot in command, 20 hours; second in command, 10
hours.
(d) If the certificate holder's approved training program includes a course
of training utilizing an airplane simulator under Sec. 121.409 (c) and (d) of
this part, each pilot must successfully complete--
(1) With respect to Sec. 121.409(c) of this part--
(i) Training and practice in the simulator in at least all of the maneuvers
and procedures set forth in Appendix E to this part for initial flight
training that are capable of being performed in an airplane simulator without
a visual system; and
(ii) A flight check in the simulator or the airplane to the level of
proficiency of a pilot in command or second in command, as applicable, in at
least the maneuvers and procedures set forth in Appendix F to this part that
are capable of being performed in an airplane simulator without a visual
system.
(2) With respect to Sec. 121.409(d) of this part, training and practice in
at least the maneuvers and procedures set forth in the certificate holder's
approved low-altitude windshear flight training program that are capable of
being performed in an airplane simulator in which the maneuvers and
procedures are specifically authorized.
[Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-199, 53 FR
37697, Sept. 27, 1988]
Sec. 121.425 Flight engineers: Initial and transition flight training.
(a) Initial and transition flight training for flight engineers must
include at least the following:
(1) Training and practice in procedures related to the carrying out of
flight engineer duties and functions. This training and practice may be
accomplished either inflight, in an airplane simulator, or in a training
device.
(2) A flight check that includes--
(i) Preflight inspection;
(ii) Inflight performance of assigned duties accomplished from the flight
engineer station during taxi, runup, takeoff, climb, cruise, descent,
approach, and landing;
(iii) Accomplishment of other functions, such as fuel management and
preparation of fuel consumption records, and normal and emergency or
alternate operation of all airplane flight systems, performed either
inflight, in an airplane simulator, or in a training device.
Flight engineers possessing a commercial pilot certificate with an
instrument, category and class rating, or pilots already qualified as second
in command and reverting to flight engineer, may complete the entire flight
check in an approved airplane simulator.
(b) Except as permitted in paragraph (c) of this section, the initial
flight training required by paragraph (a) of this section must include at
least the same number of programmed hours of flight training and practice
that are specified for a second in command pilot under Sec. 121.424(c) unless
reduced under Sec. 121.405.
(c) If the certificate holder's approved training program includes a course
of training utilizing an airplane simulator or other training device under
Sec. 121.409(c), each flight engineer must successfully complete in the
simulator or other training device--
(1) Training and practice in at least all of the assigned duties,
procedures, and functions required by paragraph (a) of this section; and
(2) A flight check to a flight engineer level of proficiency in the
assigned duties, procedures, and functions.
[Doc. No. Amdt. 121-55, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-144,
43 FR 22647, May 25, 1978]
Sec. 121.426 Flight navigators: Initial and transition flight training.
(a) Initial and transition flight training for flight navigators must
include flight training and a flight check that are adequate to insure his
proficiency in the performance of his assigned duties.
(b) The flight training and checks specified in paragraph (a) of this
section must be performed--
(1) Inflight or in an appropriate training device; or
(2) In operations under this part if performed under supervision of a
qualified flight navigator.
Sec. 121.427 Recurrent training.
(a) Recurrent training must ensure that each crew member or dispatcher is
adequately trained and currently proficient with respect to the type airplane
(including differences training, if applicable) and crewmember position
involved.
(b) Recurrent ground training for crewmembers and dispatchers must include
at least the following:
(1) A quiz or other review to determine the state of the crewmember's or
dispatcher's knowledge with respect to the airplane and position involved.
(2) Instruction as necessary in the subjects required for initial ground
training by Sec. 121.415(a), as appropriate, including emergency training
(not required for aircraft dispatchers).
(3) For flight attendants and dispatchers, a competence check as required
by Secs. 121.421(b) and 121.422(b), respectively.
(c) Recurrent ground training for crewmembers and dispatchers must consist
of at least the following programmed hours unless reduced under Sec. 121.405:
(1) For pilots and flight engineers--
(i) Group I, reciprocating powered airplanes, 16 hours;
(ii) Group I turbopropeller powered airplanes, 20 hours; and
(iii) Group II airplanes, 25 hours.
(2) For flight navigators--
(i) Group I reciprocating powered airplanes, 12 hours;
(ii) Group I turbopropeller powered airplanes, 16 hours; and
(iii) Group II airplanes, 16 hours.
(3) For flight attendants--
(i) Group I reciprocating powered airplanes, 4 hours;
(ii) Group I turbopropeller powered airplanes, 5 hours; and
(iii) Group II airplanes, 12 hours.
(4) For aircraft dispatchers--
(i) Group I reciprocating powered airplanes, 8 hours;
(ii) Group I turbopropeller powered airplanes, 10 hours; and
(iii) Group II airplanes, 20 hours.
(d) Recurrent flight training for flight crewmembers must include at least
the following:
(1) For pilots, flight training in an approved simulator in maneuvers and
procedures set forth in the certificate holder's approved low-altitude
windshear flight training program and flight training in maneuvers and
procedures set forth in Appendix F to this part, or in a flight training
program approved by the Administrator, except as follows--
(i) The number of programmed inflight hours is not specified; and
(ii) Satisfactory completion of a proficiency check may be substituted for
recurrent flight training as permitted in Sec. 121.433(c).
(2) For flight engineers, flight training as provided by Sec. 121.425(a)
except as follows--
(i) The specified number of inflight hours is not required; and
(ii) The flight check, other than the preflight inspection, may be
conducted in an airplane simulator or other training device. The preflight
inspection may be conducted in an airplane, or by using an approved pictorial
means that realistically portrays the location and detail or preflight
inspection items and provides for the portrayal of abnormal conditions.
Satisfactory completion of an approved line-oriented simulator training
program may be substituted for the flight check.
(3) For flight navigators, enough inflight training and an inflight check
to insure competency with respect to operating procedures and navigation
equipment to be used and familiarity with essential navigation information
pertaining to the certificate holder's routes that require a flight
navigator.
(a) Each certificate holder shall provide each employee performing a
function listed in Appendix I to this part and his or her supervisor with the
training specified in that appendix.
(b) No certificate holder may use any contractor to perform a function
listed in Appendix I to this part unless that contractor provides each of its
employees performing that function for the certificate holder and his or her
supervisor with the training specified in that appendix.
(a) This subpart prescribes crewmember qualifications for all certificate
holders except where otherwise specified.
(b) For the purpose of this subpart, the airplane groups and terms and
definitions prescribed in Sec. 121.400 of this part apply.
[Amdt. 121-74, 36 FR 12284, June 30, 1971]
Sec. 121.432 General.
(a) Except in the case of operating experience under Sec. 121.434, a pilot
who serves as second in command of an operation that requires three or more
pilots must be fully qualified to act as pilot in command of that operation.
(b) No certificate holder may conduct a check or any training in operations
under this part, except for the following checks and training required by
this part or the certificate holder:
(1) Line checks for pilots.
(2) Flight navigator training conducted under the supervision of a flight
navigator flight instructor.
(3) Flight navigator flight checks.
(4) Flight engineer checks (except for emergency procedures), if the person
being checked is qualified and current in accordance with Sec. 121.453(a).
(5) Flight attendant training and competence checks.
Except for pilot line checks and flight engineer flight checks, the person
being trained or checked may not be used as a required crewmember.
(c) For the purposes of this subpart the airplane groups prescribed in Sec.
121.400 apply.
(d) For the purposes of this subpart the terms and definitions in Sec.
121.400 apply.
[Amdt. 121-55, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-130, 41 FR
47229, Oct. 28, 1976]
Sec. 121.433 Training required.
(a) Initial training. No certificate holder may use any person nor may any
person serve as a required crewmember on an airplane unless that person has
satisfactorily completed, in a training program approved under Subpart N of
this part, initial ground and flight training for that type airplane and for
the particular crewmember position, except as follows:
(1) Crewmembers who have qualified and served as a crewmember on another
type airplane of the same group may serve in the same crewmember capacity
upon completion of transition training as provided in Sec. 121.415.
(2) Crewmembers who have qualified and served as second in command or
flight engineer on a particular type airplane may serve as pilot in command
or second in command, respectively, upon completion of upgrade training for
that airplane as provided in Sec. 121.415.
(b) Differences training. No certificate holder may use any person nor may
any person serve as a required crewmember on an airplane of a type for which
differences training is included in the certificate holder's approved
training program unless that person has satisfactorily completed, with
respect to both the crewmember position and the particular variation of the
airplane in which he serves, either initial or transition ground and flight
training, or differences training, as provided in Sec. 121.415.
(c) Recurrent training. (1) No certificate holder may use any person nor
may any person serve as a required crewmember on an airplane unless, within
the preceding 12 calendar months--
(i) For flight crewmembers, he has satisfactorily completed recurrent
ground and flight training for that airplane and crewmember position and a
flight check as applicable;
(ii) For flight attendants and dispatchers, he has satisfactorily completed
recurrent ground training and a competence check; and
(iii) In addition, for pilots in command he has satisfactorily completed,
within the preceding 6 calendar months, recurrent flight training in addition
to the recurrent flight training required in paragraph (c)(1)(i) of this
section, in an airplane in which he serves as pilot in command in operations
under this part.
(2) For pilots, a proficiency check as provided in Sec. 121.441 of this
part may be substituted for the recurrent flight training required by this
paragraph and the approved simulator course of training under Sec. 121.409(b)
of this part may be substituted for alternate periods of recurrent flight
training required in that airplane, except as provided in paragraphs (d) and
(e) of this section.
(d) For each airplane in which a pilot serves as pilot in command, he must
satisfactorily complete either recurrent flight training or a proficiency
check within the preceding 12 calendar months.
(e) Notwithstanding paragraphs (c)(2) and (d) of this section, a
proficiency check as provided in Sec. 121.441 of this part may not be
substituted for training in those maneuvers and procedures set forth in a
certificate holder's approved low-altitude windshear flight training program
when that program is included in a recurrent flight training course as
required by Sec. 121.409(d) of this part.
[Amdt. 121-55, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-91, 37 FR
10729, May 27, 1972; Amdt. 121-199, 53 FR 37697, Sept. 27, 1988]
Sec. 121.433a Training requirements: Handling and carriage of dangerous
articles and magnetized materials.
(a) No certificate holder may use any person to perform and no person may
perform, any assigned duties and responsibilities for the handling or
carriage of dangerous articles and magnetized materials governed by Title 49
CFR, unless within the preceding 12 calendar months that person has
satisfactorily completed training in a program established and approved under
this subpart which includes instructions regarding the proper packaging,
marking, labeling, and documentation of dangerous articles and magnetized
materials, as required by Title 49 CFR and instructions regarding their
compatibility, loading, storage, and handling characteristics. A person who
satisfactorily completes training in the calendar month before, or the
calendar month after, the month in which it becomes due, is considered to
have taken that training during the month it became due.
(b) Each certificate holder shall maintain a record of the satisfactory
completion of the initial and recurrent training given to crewmembers and
ground personnel who perform assigned duties and responsibilities for the
handling and carriage of dangerous articles and magnetized materials.
(c) A certificate holder operating in a foreign country where the loading
and unloading of aircraft must be performed by personnel of the foreign
country, may use personnel not meeting the requirements of paragraphs (a) and
(b) of this section if they are supervised by a person qualified under
paragraphs (a) and (b) of this section to supervise the loading, offloading
and handling of hazardous materials.
[Doc. No. 12124, Amdt. 121-104, 38 FR 14915, June 7, 1973, as amended by
Amdt. 121-144, 43 FR 22647, May 25, 1978]
Sec. 121.434 Operating experience.
(a) No certificate holder may use a person nor may any person serve as a
required crewmember on an airplane unless he has completed, on that type
airplane and in that crewmember position, the operating experience required
by this section, except as follows:
(1) Crewmembers other than pilots in command may serve as provided herein
for the purpose of meeting the requirements of this section.
(2) Pilots who are meeting the pilot in command requirements may serve as
second in command.
(b) In acquiring the operating experience, crewmembers must comply with the
following:
(1) In the case of a flight crewmember, he must hold the appropriate
certificates and ratings for the crewmember position and the airplane, except
that a pilot who is meeting the pilot in command requirements must hold the
appropriate certificates and ratings for a pilot in command in the airplane.
(2) The experience must be acquired after satisfactory completion of the
appropriate ground and flight training for the airplane and crewmember
position.
(3) The experience must be acquired in flight during operations under this
part. However, in the case of an aircraft not previously used by the
certificate holder in operations under this part, operating experience
acquired in the aircraft during proving flights or ferry flights may be used
to meet this requirement.
However, separate operating experience is not required for variations within
the same type airplane.
(c) Pilot crewmembers must acquire operating experience as follows:
(1) A pilot in command must--
(i) Perform the duties of a pilot in command under the supervision of a
check pilot; and
(ii) In addition, if the certificate holder's approved training program
includes a course of training in an airplane simulator under Sec. 121.409(c)
and a qualifying pilot in command is completing initial or upgrade training
specified in Sec. 121.424, be observed in the performance of prescribed
duties by an FAA inspector during at least one flight leg which includes a
takeoff and landing. During the time that a qualifying pilot in command is
acquiring the operating experience in paragraphs (c)(l) (i) and (ii) of this
section, a check pilot who is also serving as the pilot in command must
occupy a pilot station. However, in the case of a transitioning pilot in
command the check pilot serving as pilot in command may occupy the observer's
seat, if the transitioning pilot has made at least two takeoffs and landings
in the type airplane used, and has satisfactorily demonstrated to the check
pilot that he is qualified to perform the duties of a pilot in command of
that type of airplane.
(2) A second in command pilot must perform the duties of a second in
command under the supervision of a check pilot or observe the performance of
those duties on the flight deck.
(3) The hours of operating experience for all pilots are as follows:
(i) For initial training, 15 hours in Group I reciprocating powered
airplanes, 20 hours in Group I turbopropeller powered airplanes, and 25 hours
in Group II airplanes;
(ii) For transition training, except as provided in paragraph (c)(3)(iii)
of this section, 10 hours in Group I reciprocating powered airplanes, 12
hours in Group I turbopropeller powered airplanes, and 15 hours in Group II
airplanes; and
(iii) In the case of transition training where the certificate holder's
approved training program includes a course of training in an airplane
simulator under Sec. 121.409(c), each pilot in command must comply with the
requirements prescribed in paragraph (c)(3)(i) of this section for initial
training.
(d) A flight engineer must perform the duties of a flight engineer under
the supervision of a check airman or a qualified flight engineer for at least
the following number of hours:
(1) Group I reciprocating powered airplanes, 8 hours.
(2) Group I turbopropeller powered airplanes, 10 hours.
(3) Group II airplanes, 12 hours.
(e) A flight attendant must, for at least 5 hours, perform the assigned
duties of a flight attendant under the supervision of a flight attendant
supervisor qualified under this part who personally observes the performance
of these duties. However, operating experience is not required for a flight
attendant who has previously acquired such experience on any large passenger
carrying airplane of the same group, if the certificate holder shows that the
flight attendant has received sufficient ground training for the airplane in
which the flight attendant is to serve. Flight attendants receiving operating
experience may not be assigned as a required crewmember. Flight attendants
who have satisfactorily completed training time acquired in an approved
training program conducted in a full-scale (except for length) cabin training
device of the type airplane in which they are to serve may substitute this
time for 50 percent of the hours required by this paragraph.
(f) The hours of operating experience for flight crewmembers may be reduced
to 50 percent of the hours required by this section by the substitution of
one additional takeoff and landing for each hour of flight.
Notwithstanding the reductions in programmed hours permitted under Secs.
121.405 and 121.409 of Subpart N of this part, the hours of operating
experience for flight crewmembers are not subject to reduction other than as
provided in paragraphs (e) and (f) of this section.
[Amdt. 121-55, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-74, 36 FR
12284, June 30, 1971; Amdt. 121-91, 37 FR 10729, May 27, 1972; Amdt. 121-140,
43 FR 9599, Mar. 9, 1978; Amdt. 121-144, 43 FR 22647, May 25, 1978; Amdt.
121-159, 45 FR 41593, June 19, 1980]
Sec. 121.435 Helicopter operations: Supplemental air carriers and
commercial operators.
No supplemental air carrier or commercial operator may use a flight
crewmember, and none of its flight crewmembers may perform duties under his
airman certificate in helicopter operations, unless that flight crewmember
meets the requirements of Sec. 127.151 or Sec. 127.161 and Secs. 127.175 and
127.177.
[Doc. No. 6258, 29 FR 19215, Dec. 31, 1964]
Sec. 121.437 Pilot qualification: Certificates required.
(a) No pilot may act as pilot in command of an aircraft (or as second in
command of an aircraft in a flag or supplemental air carrier or commercial
operator operation that requires three or more pilots) unless he holds an
airline transport pilot certificate and an appropriate type rating for that
aircraft.
(b) Each pilot who acts as a pilot in a capacity other than those specified
in paragraph (a) of this section must hold at least a commercial pilot
certificate and an instrument rating.
(c) After July 1, 1980, no certificate holder may use nor may any pilot act
as a pilot in a capacity other than those specified in paragraph (a) of this
section unless the pilot holds at least a commercial pilot certificate with
appropriate category and class ratings for the aircraft concerned, and an
instrument rating. Notwithstanding the requirements of Sec. 61.63 (b) and
(c), until July 1, 1980, a pilot who is currently employed by a certificate
holder and meets applicable training requirements of Subpart O, and the
proficiency check requirements of Sec. 121.441 of this part, may be issued
the appropriate category and class ratings by presenting proof of compliance
with those requirements to a Flight Standards District Office.
Sec. 121.439 Pilot qualification: Recent experience.
(a) No certificate holder may use any person nor may any person serve as a
required pilot flight crewmember, unless within the preceding 90 days, that
person has made at least three takeoffs and landings in the type airplane in
which that person is to serve. The takeoffs and landings required by this
paragraph may be performed in a visual simulator approved under Sec. 121.407
to include takeoff and landing maneuvers. In addition, any person who fails
to make the three required takeoffs and landings within any consecutive 90-
day period must reestablish recency of experience as provided in paragraph
(b) of this section.
(b) In addition to meeting all applicable training and checking
requirements of this part, a required pilot flight crewmember who has not met
the requirements of paragraph (a) of this section must reestablish recency of
experience as follows:
(1) Under the supervision of a check airman, make at least three takeoffs
and landings in the type airplane in which that person is to serve or in an
advanced simulator or visual simulator. When a visual simulator is used, the
requirements of paragraph (c) of this section must be met.
(2) The takeoffs and landings required in paragraph (b)(1) of this section
must include--
(i) At least one takeoff with a simulated failure of the most critical
powerplant;
(ii) At least one landing from an ILS approach to the lowest ILS minimum
authorized for the certificate holder; and
(iii) At least one landing to a full stop.
(c) A required pilot flight crewmember who performs the manuvers prescribed
in paragraph (b) of this section in a visual simulator must--
(1) Have previously logged 100 hours of flight time in the same type
airplane in which he is to serve;
(2) Be observed on the first two landings made in operations under this
part by an approved check airman who acts as pilot in command and occupies a
pilot seat. The landings must be made in weather minimums that are not less
than those contained in the certificate holder's operations specifications
for Category I Operations, and must be made within 45 days following
completion of simulator training.
(d) When using a simulator to accomplish any of the requirements of
paragraph (a) or (b) of this section, each required flight crewmember
position must be occupied by an appropriately qualified person and the
simulator must be operated as if in a normal in-flight environment without
use of the repositioning features of the simulator.
(e) A check airman who observes the takeoffs and landings prescribed in
paragraphs (b)(1) and (c) of this section shall certify that the person being
observed is proficient and qualified to perform flight duty in operations
under this part and may require any additional maneuvers that are determined
necessary to make this certifying statement.
[Amdt. 121-144, 43 FR 22648, May 25, 1978, as amended by Amdt. 121-148, 43 FR
46235, Oct. 5, 1978; Amdt. 121-179, 47 FR 33390, Aug. 2, 1982]
Sec. 121.440 Line checks.
(a) No certificate holder may use any person nor may any person serve as
pilot in command of an airplane unless, within the preceding 12 calendar
months, that person has passed a line check in which he satisfactorily
performs the duties and responsibilities of a pilot in command in one of the
types of airplanes he is to fly.
(b) A pilot in command line check for domestic and flag air carrier pilots
must--
(1) Be given by a pilot check airman who is currently qualified on both the
route and the airplane; and
(2) Consist of at least one flight over a typical part of the air carrier's
route, or over a foreign or Federal airway, or over a direct route.
(c) A pilot in command line check for supplemental air carriers and
commercial operators must--
(1) Be given by a pilot check airman who is currently qualified on the
airplane; and
(2) Consist of at least one flight over a part of a Federal airway, foreign
airway, or advisory route over which the pilot may be assigned.
[Amdt. 121-55, 35 FR 96, Jan. 3, 1970, as amended by Amdt. 121-143, 43 FR
22642, May 25, 1978]
Sec. 121.441 Proficiency checks.
(a) No certificate holder may use any person nor may any person serve as a
required pilot flight crewmember unless that person has satisfactorily
completed either a proficiency check, or an approved simulator course of
training under Sec. 121.409, as follows:
(1) For a pilot in command, a proficiency check within the preceding 12
calendar months and, in addition, within the preceding 6 calendar months,
either a proficiency check or the simulator training.
(2) For all other pilots--
(i) Within the preceding 24 calendar months either a proficiency check or
the line-oriented simulator training course under Sec. 121.409; and
(ii) Within the preceding 12 calendar months, either a proficiency check or
any simulator training course under Sec. 121.409.
The satisfactory completion of a type rating flight check under Sec. 61.157
of this chapter satisfies the requirement for a proficiency check.
(b) Except as provided in paragraphs (c) and (d) of this section, a
proficiency check must meet the following requirements:
(1) It must include at least the procedures and maneuvers set forth in
Appendix F to this part unless otherwise specifically provided in that
appendix.
(2) It must be given by the Administrator or a pilot check airman.
(c) An approved airplane simulator or other appropriate training device may
be used in the conduct of a proficiency check as provided in Appendix F to
this part.
(d) A person giving a proficiency check may, in his discretion, waive any
of the maneuvers or procedures for which a specific waiver authority is set
forth in Appendix F to this part if--
(1) The Administrator has not specifically required the particular maneuver
or procedure to be performed;
(2) The pilot being checked is, at the time of the check, employed by a
certificate holder as a pilot; and
(3) The pilot being checked is currently qualified for operations under
this part in the particular type airplane and flight crewmember position or
has, within the preceding six calendar months, satisfactorily completed an
approved training program for the particular type airplane.
(e) If the pilot being checked fails any of the required maneuvers, the
person giving the proficiency check may give additional training to the pilot
during the course of the proficiency check. In addition to repeating the
maneuvers failed, the person giving the proficiency check may require the
pilot being checked to repeat any other maneuvers he finds are necessary to
determine the pilot's proficiency. If the pilot being checked is unable to
demonstrate satisfactory performance to the person conducting the check, the
certificate holder may not use him nor may he serve in operations under this
part until he has satisfactorily completed a proficiency check.
However, the entire proficiency check (other than the initial second-in-
command proficiency check) required by this section may be conducted in an
approved visual simulator if the pilot being checked accomplishes at least
two landings in the appropriate airplane during a line check or other check
conducted by a pilot check airman (a pilot-in-command may observe and certify
the satisfactory accomplishment of these landings by a second-in-command). If
a pilot proficiency check is conducted in accordance with this paragraph, the
next required proficiency check for that pilot must be conducted in the same
manner, or in accordance with Appendix F of this Part, or a course of
training in an airplane visual simulator under Sec. 121.409 may be
substituted therefor.
[Amdt. 121-55, 35 FR 96, Jan. 3, 1970, as amended by Amdt. 121-103, 38 FR
12203, May 10, 1973, Amdt. 121-108, 38 FR 35446, Dec. 28, 1973; Amdt. 121-
144, 43 FR 22648, May 25, 1978]
Sec. 121.443 Pilot in command qualification: Route and airports.
(a) Each certificate holder shall provide a system acceptable to the
Administrator for disseminating the information required by paragraph (b) of
this section to the pilot in command and appropriate flight operation
personnel. The system must also provide an acceptable means for showing
compliance with Sec. 121.445.
(b) No certificate holder may use any person, nor may any person serve, as
pilot in command unless the certificate holder has provided that person
current information concerning the following subjects pertinent to the areas
over which that person is to serve, and to each airport and terminal area
into which that person is to operate, and ensures that that person has
adequate knowledge of, and the ability to use, the information:
(1) Weather characteristics appropriate to the season.
(2) Navigation facilities.
(3) Communication procedures, including airport visual aids.
(4) Kinds of terrain and obstructions.
(5) Minimum safe flight levels.
(6) En route and terminal area arrival and departure procedures, holding
procedures and authorized instrument approach procedures for the airports
involved.
(7) Congested areas and physical layout of each airport in the terminal
area in which the pilot will operate.
(8) Notices to Airmen.
[Doc. No. 17897, 45 FR 41594, June 19, 1980; Amdt. 121-159, 45 FR 43154, June
26, 1980]
Sec. 121.445 Pilot in command airport qualification: Special areas and
airports.
(a) The Administrator may determine that certain airports (due to items
such as surrounding terrain, obstructions, or complex approach or departure
procedures) are special airports requiring special airport qualifications and
that certain areas or routes, or both, require a special type of navigation
qualification.
(b) Except as provided in paragraph (c) of this section, no certificate
holder may use any person, nor may any person serve, as pilot in command to
or from an airport determined to require special airport qualifications
unless, within the preceding 12 calendar months:
(1) The pilot in command or second in command has made an entry to that
airport (including a takeoff and landing) while serving as a pilot flight
crewmember; or
(2) The pilot in command has qualified by using pictorial means acceptable
to the Administrator for that airport.
(c) Paragraph (b) of this section does not apply when an entry to that
airport (including a takeoff or a landing) is being made if the ceiling at
that airport is at least 1,000 feet above the lowest MEA or MOCA, or initial
approach altitude prescribed for the instrument approach procedure for that
airport, and the visibility at that airport is at least 3 miles.
(d) No certificate holder may use any person, nor may any person serve, as
pilot in command between terminals over a route or area that requires a
special type of navigation qualification unless, within the preceding 12
calendar months, that person has demonstrated qualification on the applicable
navigation system in a manner acceptable to the Administrator, by one of the
following methods:
(1) By flying over a route or area as pilot in command using the applicable
special type of navigation system.
(2) By flying over a route or area as pilot in command under the
supervision of a check airman using the special type of navigation system.
(3) By completing the training program requirements of Appendix G of this
part.
[Doc. No. 17897, 45 FR 41594, June 19, 1980]
Sec. 121.447 [Reserved]
Sec. 121.453 Flight engineer qualifications.
(a) No certificate holder may use any person nor may any person serve as a
flight engineer on an airplane unless, within the preceding 6 calendar
months, he has had at least 50 hours of flight time as a flight engineer on
that type airplane or the certificate holder or the Administrator has checked
him on that type airplane and determined that he is familiar and competent
with all essential current information and operating procedures.
(b) A flight check given in accordance with Sec. 121.425(a)(2) satisfies
the requirements of paragraph (a) of this section.
[Amdt. 121-55, 35 FR 96, Jan. 3, 1970]
Sec. 121.455 Use of prohibited drugs.
(a) This section applies to persons who perform a function listed in
Appendix I to this part for the certificate holder. For the purpose of this
section, a person who performs such a function pursuant to a contract with
the certificate holder is considered to be performing that function for the
certificate holder.
(b) No certificate holder may knowingly use any person to perform, nor may
any person perform for a certificate holder, either directly or by contract,
any function listed in Appendix I to this part while that person has a
prohibited drug, as defined in that appendix, in his or her system.
(c) Except as provided in paragraph (d) of this section, no certificate
holder may knowingly use any person to perform, nor may any person perform
for a certificate holder, either directly or by contract, any function listed
in Appendix I to this part if that person failed a test or refused to submit
to a test required by that appendix given by a certificate holder or an
operator as defined in Sec. 135.1(c) of this chapter.
(d) Paragraph (c) of this section does not apply to a person who has
received a recommendation to be hired or to return to duty from a medical
review officer in accordance with Appendix I to Part 121 of this chapter or
who has received a special issuance medical certificate after evaluation by
the Federal Air Surgeon for drug dependency in accordance with Part 67 of
this chapter.
(a) Each certificate holder shall test each of its employees who performs a
function listed in Appendix I to this part in accordance with that appendix.
(b) No certificate holder may use any contractor to perform a function
listed in Appendix I to this part unless that contractor tests each employee
performing such a function for the certificate holder in accordance with that
appendix.
(a) General. This section applies to employees who perform a function
listed in appendix J to this part for a certificate holder (covered
employees). For the purpose of this section, a person who meets the
definition of covered employee in appendix J is considered to be performing
the function for the certificate holder.
(b) Alcohol concentration. No covered employee shall report for duty or
remain on duty requiring the performance of safety-sensitive functions while
having an alcohol concentration of 0.04 or greater. No certificate holder
having actual knowledge that an employee has an alcohol concentration of 0.04
or greater shall permit the employee to perform or continue to perform
safety-sensitive functions.
(c) On-duty use. No covered employee shall use alcohol while performing
safety-sensitive functions. No certificate holder having actual knowledge
that a covered employee is using alcohol while performing safety-sensitive
functions shall permit the employee to perform or continue to perform safety-
sensitive functions.
(d) Pre-duty use. (1) No covered employee shall perform flight crewmember
or flight attendant duties within 8 hours after using alcohol. No certificate
holder having actual knowledge that such an employee has used alcohol within
8 hours shall permit the employee to perform or continue to perform the
specified duties.
(2) No covered employee shall perform safety-sensitive duties other than
those specified in paragraph (d)(1) of this section within 4 hours after
using alcohol. No certificate holder having actual knowledge that such an
employee has used alcohol within 4 hours shall permit the employee to perform
or continue to perform safety-sensitive functions.
(e) Use following an accident. No covered employee who has actual knowledge
of an accident involving an aircraft for which he or she performed a safety-
sensitive function at or near the time of the accident shall use alcohol for
8 hours following the accident, unless he or she has been given a post-
accident test under appendix J of this part, or the employer has determined
that the employee's performance could not have contributed to the accident.
(f) Refusal to submit to a required alcohol test. No covered employee shall
refuse to submit to a post-accident, random, reasonable suspicion, or follow-
up alcohol test required under appendix J to this part. No certificate holder
shall permit an employee who refuses to submit to such a test to perform or
continue to perform safety-sensitive functions.
SUMMARY: This final rule prescribes regulations establishing the aviation
industry alcohol misuse prevention program. It includes requirements for an
alcohol testing program for air carrier employees who perform safety-
sensitive duties, in implementation of the FAA-related provisions of the
Omnibus Transportation Employee Testing Act of 1991, which was enacted on
October 28, 1991. Employees who perform safety-sensitive duties directly or
by contract for aviation employers that hold a certificate issued under
certain FAA regulations, operators as defined in the regulations, or air
traffic control facilities not operated by the FAA or the U.S. military must
be subject to an FAA-mandated alcohol misuse prevention program (AMPP). This
final rule requires alcohol testing of these employees, proscribes certain
alcohol-related conduct, and establishes specified consequences for engaging
in alcohol misuse. Employers must provide written materials to covered
employees explaining the program and educating employees about the dangers of
alcohol misuse. Employers must also submit reports to the FAA on the results
of the program. This rule is intended to ensure that public safety is
maintained by preventing alcohol misuse by safety-sensitive aviation
employees.
(a) Each certificate holder must establish an alcohol misuse prevention
program in accordance with the provisions of appendix J to this part.
(b) No certificate holder shall use any person who meets the definition of
covered employee in appendix J to this part to perform a safety-sensitive
function listed in that appendix unless such person is subject to testing for
alcohol misuse in accordance with the provisions of appendix J.
SUMMARY: This final rule prescribes regulations establishing the aviation
industry alcohol misuse prevention program. It includes requirements for an
alcohol testing program for air carrier employees who perform safety-
sensitive duties, in implementation of the FAA-related provisions of the
Omnibus Transportation Employee Testing Act of 1991, which was enacted on
October 28, 1991. Employees who perform safety-sensitive duties directly or
by contract for aviation employers that hold a certificate issued under
certain FAA regulations, operators as defined in the regulations, or air
traffic control facilities not operated by the FAA or the U.S. military must
be subject to an FAA-mandated alcohol misuse prevention program (AMPP). This
final rule requires alcohol testing of these employees, proscribes certain
alcohol-related conduct, and establishes specified consequences for engaging
in alcohol misuse. Employers must provide written materials to covered
employees explaining the program and educating employees about the dangers of
alcohol misuse. Employers must also submit reports to the FAA on the results
of the program. This rule is intended to ensure that public safety is
maintained by preventing alcohol misuse by safety-sensitive aviation
employees.
(a) No domestic or flag air carrier may use any person, nor may any person
serve, as an aircraft dispatcher for a particular airplane group unless that
person has, with respect to an airplane of that group, satisfactorily
completed the following:
(1) Initial dispatcher training, except that a person who has
satisfactorily completed such training for another type airplane of the same
group need only complete the appropriate transition training.
(2) Operating familiarization consisting of at least 5 hours observing from
the flight deck operations under this part, except that a person may serve as
an aircraft dispatcher without meeting this requirement for 90 days after
initial introduction of the airplane into operations under this part. This
requirement may be reduced to a minimum of 2 1/2 hours by the substitution
of one additional takeoff and landing for an hour of flight.
(b) No domestic or flag air carrier may use any person, nor may any person
serve, as an aircraft dispatcher for a particular type airplane unless that
person has, with respect to that airplane, satisfactorily completed
differences training, if applicable.
(c) No domestic or flag air carrier may use any person, nor may any person
serve, as an aircraft dispatcher unless within the preceding 12 calendar
months he has satisfactorily completed operating familiarization consisting
of at least 5 hours observing from the flight deck operations under this part
in one of the types of airplanes in each group he is to dispatch. This
requirement may be reduced to a minimum of 2 1/2 hours by the substitution
of one additional takeoff and landing for an hour of flight. This requirement
may be satisfied by observation of 5 hours of simulator training for each
airplane group in one of the simulators approved under Sec. 121.407 for the
group. However, if this requirement is met by the use of a simulator, no
reduction in hours is permitted.
(d) No domestic or flag air carrier may use any person, nor may any person
serve as an aircraft dispatcher to dispatch airplanes in operations under
this part unless the air carrier has determined that he is familiar with all
essential operating procedures for that segment of the operation over which
he exercises dispatch jurisdiction. However, a dispatcher who is qualified to
dispatch airplanes through one segment of an operation may dispatch airplanes
through other segments of the operation after coordinating with dispatchers
who are qualified to dispach airplanes through those other segments.
(e) For the purposes of this section, the airplane groups, terms, and
definitions in Sec. 121.400 apply.
[Amdt. 121-87, 37 FR 5607, Mar. 17, 1972]
Sec. 121.465 Duty time limitations: Domestic and flag air carriers.
(a) Each domestic and flag air carrier shall establish the daily duty
period for a dispatcher so that it begins at a time that allows him to become
thoroughly familiar with existing and anticipated weather conditions along
the route before he dispatches any airplane. He shall remain on duty until
each airplane dispatched by him has completed its flight, or has gone beyond
his jurisdiction, or until he is relieved by another qualified dispatcher.
(b) Except in cases where circumstances or emergency conditions beyond the
control of the air carrier require otherwise--
(1) No domestic or flag air carrier may schedule a dispatcher for more than
10 consecutive hours of duty;
(2) If a dispatcher is scheduled for more than 10 hours of duty in 24
consecutive hours, the carrier shall provide him a rest period of at least
eight hours at or before the end of 10 hours of duty.
(3) Each dispatcher must be relieved of all duty with the air carrier for
at least 24 consecutive hours during any seven consecutive days or the
equivalent thereof within any calendar month.
(c) Notwithstanding paragraphs (a) and (b) of this section, a flag air
carrier may, if authorized by the Administrator, schedule an aircraft
dispatcher at a duty station outside of the 48 contiguous States and the
District of Columbia, for more than 10 consecutive hours of duty in a 24-hour
period if that aircraft dispatcher is relieved of all duty with the carrier
for at least eight hours during each 24-hour period.
Subpart Q--Flight Time Limitations and Rest Requirements: Domestic Air
Carriers
Source: Docket No. 23634, 50 FR 29319, July 18, 1985.
Sec. 121.470 Applicability.
This subpart prescribes flight time limitations and rest requirements for
domestic air carriers.
Sec. 121.471 Flight time limitations and rest requirements: All flight
crewmembers.
(a) No domestic air carrier may schedule any flight crewmember and no
flight crewmember may accept an assignment for flight time in scheduled air
transportation or in other commercial flying if that crewmember's total
flight time in all commercial flying will exceed--
(1) 1,000 hours in any calendar year;
(2) 100 hours in any calendar month;
(3) 30 hours in any 7 consecutive days;
(4) 8 hours between required rest periods.
(b) Except as provided in paragraph (c) of this section, no domestic air
carrier may schedule a flight crewmember and no flight crewmember may accept
an assignment for flight time during the 24 consecutive hours preceding the
scheduled completion of any flight segment without a scheduled rest period
during that 24 hours of at least the following:
(1) 9 consecutive hours of rest for less than 8 hours of scheduled flight
time.
(2) 10 consecutive hours of rest for 8 or more but less than 9 hours of
scheduled flight time.
(3) 11 consecutive hours of rest for 9 or more hours of scheduled flight
time.
(c) An air carrier may schedule a flight crewmember for less than the rest
required in paragraph (b) of this section or may reduce a scheduled rest
under the following conditions:
(1) A rest required under paragraph (b)(1) of this section may be scheduled
for or reduced to a minimum of 8 hours if the flight crewmember is given a
rest period of at least 10 hours that must begin no later than 24 hours after
the commencement of the reduced rest period.
(2) A rest required under paragraph (b)(2) of this section may be scheduled
for or reduced to a minimum of 8 hours if the flight crewmember is given a
rest period of at least 11 hours that must begin no later than 24 hours after
the commencement of the reduced rest period.
(3) A rest required under paragraph (b)(3) of this section may be scheduled
for or reduced to a minimum of 9 hours if the flight crewmember is given a
rest period of at least 12 hours that must begin no later than 24 hours after
the commencement of the reduced rest period.
(4) No air carrier may assign, nor may any flight crewmember perform any
flight time with the air carrier unless the flight crewmember has had at
least the minimum rest required under this paragraph.
(d) Each domestic air carrier shall relieve each flight crewmember engaged
in scheduled air transportation from all further duty for at least 24
consecutive hours during any 7 consecutive days.
(e) No domestic air carrier may assign any flight crewmember and no flight
crewmember may accept assignment to any duty with the air carrier during any
required rest period.
(f) Time spent in transportation, not local in character, that an air
carrier requires of a flight crewmember and provides to transport the
crewmember to an airport at which he is to serve on a flight as a crewmember,
or from an airport at which he was relieved from duty to return to his home
station, is not considered part of a rest period.
(g) A flight crewmember is not considered to be scheduled for flight time
in excess of flight time limitations if the flights to which he is assigned
are scheduled and normally terminate within the limitations, but due to
circumstances beyond the control of the air carrier (such as adverse weather
conditions), are not at the time of departure expected to reach their
destination within the scheduled time.
Subpart R--Flight Time Limitations: Flag Air Carriers
This subpart prescribes flight time limitations for flag air carriers.
Sec. 121.481 Flight time limitations: One or two pilot crews.
(a) A flag air carrier may schedule a pilot to fly in an airplane that has
a crew of one or two pilots for eight hours or less during any 24 consecutive
hours without a rest period during these eight hours.
(b) If a flag air carrier schedules a pilot to fly more than eight hours
during any 24 consecutive hours, it shall give him an intervening rest
period, at or before the end of eight scheduled hours of flight duty. This
rest period must be at least twice the number of hours flown since the
preceding rest period, but not less than eight hours. The air carrier shall
relieve that pilot of all duty with it during that rest period.
(c) Each pilot who has flown more than eight hours during 24 consecutive
hours must be given at least 18 hours of rest before being assigned to any
duty with the air carrier.
(d) No pilot may fly more than 32 hours during any seven consecutive days,
and each pilot must be relieved from all duty for at least 24 consecutive
hours at least once during any seven consecutive days.
(e) No pilot may fly as a member of a crew more than 100 hours during any
one calendar month.
(f) No pilot may fly as a member of a crew more than 1,000 hours during any
12-calendar-month period.
Sec. 121.483 Flight time limitations: Two pilots and one additional flight
crewmember.
(a) No flag air carrier may schedule a pilot to fly, in an airplane that
has a crew of two pilots and at least one additional flight crewmember, for a
total of more than 12 hours during any 24 consecutive hours.
(b) If a pilot has flown 20 or more hours during any 48 consecutive hours
or 24 or more hours during any 72 consecutive hours, he must be given at
least 18 hours of rest before being assigned to any duty with the air
carrier. In any case, he must be given at least 24 consecutive hours of rest
during any seven consecutive days.
(c) No pilot may fly as a flight crewmember more than--
(1) 120 hours during any 30 consecutive days;
(2) 300 hours during any 90 consecutive days; or
(3) 1,000 hours during any 12-calendar-month period.
Sec. 121.485 Flight time limitations: Three or more pilots and an
additional flight crewmember.
(a) Each flag air carrier shall schedule its flight hours to provide
adequate rest periods on the ground for each pilot who is away from his base
and who is a pilot on an airplane that has a crew of three or more pilots and
an additional flight crewmember. It shall also provide adequate sleeping
quarters on the airplane whenever a pilot is scheduled to fly more than 12
hours during any 24 consecutive hours.
(b) The flag air carrier shall give each pilot, upon return to his base
from any flight or series of flights, a rest period that is at least twice
the total number of hours he flew since the last rest period at his base.
During the rest period required by this paragraph, the air carrier may not
require him to perform any duty for it. If the required rest period is more
than seven days, that part of the rest period in excess of seven days may be
given at any time before the pilot is again scheduled for flight duty on any
route.
(c) No pilot may fly as a flight crewmember more than--
(1) 350 hours during any 90 consecutive days; or
(2) 1,000 hours during any 12-calendar-month period.
Sec. 121.487 Flight time limitations: Pilots not regularly assigned.
(a) Except as provided in paragraphs (b) through (e) of this section, a
pilot who is not regularly assigned as a flight crewmember for an entire
calendar month under Sec. 121.483 or 121.485 may not fly more than 100 hours
in any 30 consecutive days.
(b) The monthly flight time limitations for a pilot who is scheduled for
duty aloft for more than 20 hours in two-pilot crews in any calendar month,
or whose assignment in such a crew is interrupted more than once in that
calendar month by assignment to a crew consisting of two or more pilots and
an additional flight crewmember, are those set forth in Sec. 121.481.
(c) Except for a pilot covered by paragraph (b) of this section, the
monthly and quarterly flight time limitations for a pilot who is scheduled
for duty aloft for more than 20 hours in two-pilot and additional flight
crewmember crews in any calendar month, or whose assignment in such a crew is
interrupted more than once in that calendar month by assignment to a crew
consisting of three pilots and additional flight crewmember, are those set
forth in Sec. 121.483.
(d) The quarterly flight time limitations for a pilot to whom paragraphs
(b) and (c) of this section do not apply and who is scheduled for duty aloft
for a total of not more than 20 hours within any calendar month in two-pilot
crews (with or without additional flight crewmembers) are those set forth in
Sec. 121.485.
(e) The monthly and quarterly flight time limitations for a pilot assigned
to each of two-pilot, two-pilot and additional flight crewmember, and three-
pilot and additional flight crewmember crews in a given calendar month, and
who is not subject to paragraph (b), (c), or (d) of this section, are those
set forth in Sec. 121.483.
[Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; Amdt. 121-3, 30 FR 3639, Mar. 19,
1965; as amended by Amdt. 121-137, 42 FR 43973, Sept. 1, 1977]
Sec. 121.489 Flight time limitations: Other commercial flying.
No pilot that is employed as a pilot by a flag air carrier may do any other
commercial flying if that commercial flying plus his flying in air
transportation will exceed any flight time limitation in this part.
Sec. 121.491 Flight time limitations: Deadhead transportation.
Time spent in deadhead transportation to or from duty assignment is not
considered to be a part of a rest period.
Sec. 121.493 Flight time limitations: Flight engineers and flight
navigators.
(a) In any operation in which one flight engineer or flight navigator is
required, the flight time limitations in Sec. 121.483 apply to that flight
engineer or flight navigator.
(b) In any operation in which more than one flight engineer or flight
navigator is required, the flight time limitations in Sec. 121.485 apply to
those flight engineers or flight navigators.
Subpart S--Flight Time Limitations: Supplemental Air Carriers and Commercial
Operators
This subpart prescribes flight time limitations for supplemental air
carriers and commercial operators.
Sec. 121.501 Flight time limitations: Helicopters.
No supplemental air carrier or commercial operator may schedule a flight
crewmember for duty aloft in helicopter operations subject to this part, or
in any other commercial flying, that would exceed the flight time limitations
prescribed in Sec. 127.191.
Sec. 121.503 Flight time limitations: Pilots: airplanes.
(a) A supplemental air carrier or commercial operator may schedule a pilot
to fly in an airplane for eight hours or less during any 24 consecutive hours
without a rest period during those eight hours.
(b) Each pilot who has flown more than eight hours during any 24
consecutive hours must be given at least 16 hours of rest before being
assigned to any duty with the air carrier or commercial operator.
(c) Each supplemental air carrier and commercial operator shall relieve
each pilot from all duty for at least 24 consecutive hours at least once
during any seven consecutive days.
(d) No pilot may fly as a crewmember in air carrier service more than 100
hours during any 30 consecutive days.
(e) No pilot may fly as a crewmember in air carrier service more than 1,000
hours during any calendar year.
(f) Notwithstanding paragraph (a) of this section, an air carrier may, in
conducting a transcontinental nonstop flight, schedule a flight crewmember
for more than eight but not more than 10 hours of continuous duty aloft
without an intervening rest period, if--
(1) The flight is in an airplane with a pressurization system that is
operative at the beginning of the flight;
(2) The flight crew consists of at least two pilots and a flight engineer;
and
(3) The air carrier uses, in conducting the operation, an air/ground
communication service that is independent of systems operated by the United
States, and a dispatch organization, both of which are approved by the
Administrator as adequate to serve the terminal points concerned.
Sec. 121.505 Flight time limitations: Two pilot crews: airplanes.
(a) If a supplemental air carrier or commercial operator schedules a pilot
to fly more than eight hours during any 24 consecutive hours, it shall give
him an intervening rest period at or before the end of eight scheduled hours
of flight duty. This rest period must be at least twice the number of hours
flown since the preceding rest period, but not less than eight hours. The
supplemental air carrier or commercial operator shall relieve that pilot of
all duty with it during that rest period.
(b) No pilot of an airplane that has a crew of two pilots may be on duty
for more than 16 hours during any 24 consecutive hours.
Sec. 121.507 Flight time limitations: Three pilot crews: Airplanes.
(a) No supplemental air carrier or commercial operator may schedule a
pilot--
(1) For flight deck duty in an airplane that has a crew of three pilots for
more than eight hours in any 24 consecutive hours; or
(2) To be aloft in an airplane that has a crew of three pilot for more than
12 hours in any 24 consecutive hours.
(b) No pilot of an airplane that has a crew of three pilots may be on duty
for more than 18 hours in any 24 consecutive hours.
Sec. 121.509 Flight time limitations: Four pilot crews: airplanes.
(a) No supplemental air carrier or commercial operator may schedule a
pilot--
(1) For flight deck duty in an airplane that has a crew of four pilots for
more than eight hours in any 24 consecutive hours; or
(2) To be aloft in an airplane that has a crew of four pilots for more than
16 hours in any 24 consecutive hours.
(b) No pilot of an airplane that has a crew of four pilots may be on duty
for more than 20 hours in any 24 consecutive hours.
Sec. 121.511 Flight time limitations: Flight engineers: airplanes.
(a) In any operation in which one flight engineer is serving the flight
time limitations in Secs. 121.503 and 121.505 apply to that flight engineer.
(b) In any operation in which more than one flight engineer is serving and
the flight crew contains more than two pilots the flight time limitations in
Sec. 121.509 apply in place of those in Sec. 121.505.
Sec. 121.513 Flight time limitations: Overseas and international
operations: airplanes.
In place of the flight time limitations in Secs. 121.503 through 121.511, a
supplemental air carrier or commercial operator may elect to comply with the
flight time limitations of Secs. 121.515 and 121.521 through 121.525 for
operations conducted--
(a) Between a place in the 48 contiguous States and the District of
Columbia, or Alaska, and any place outside thereof;
(b) Between any two places outside the 48 contiguous States, the District
of Columbia, and Alaska; or
(c) Between two places within the State of Alaska or the State of Hawaii.
Sec. 121.515 Flight time limitations: All airmen: airplanes.
No airman may be aloft as a flight crewmember more than 1,000 hours in any
12-calendar-month period.
Sec. 121.517 Flight time limitations: Other commercial flying: airplanes.
No airman who is employed by a supplemental air carrier or commercial
operator may do any other commercial flying, if that commercial flying plus
his flying in operations under this part will exceed any flight time
limitation in this part.
Sec. 121.519 Flight time limitations: Deadhead transportation: airplanes.
Time spent by an airman in deadhead transportation to or from a duty
assignment is not considered to be part of any rest period.
Sec. 121.521 Flight time limitations: Crew of two pilots and one additional
airman as required.
(a) No supplemental air carrier or commercial operator may schedule an
airman to be aloft as a member of the flight crew in an airplane that has a
crew of two pilots and at least one additional flight crewmember for more
than 12 hours during any 24 consecutive hours.
(b) If an airman has been aloft as a member of a flight crew for 20 or more
hours during any 48 consecutive hours or 24 or more hours during any 72
consecutive hours, he must be given at least 18 hours of rest before being
assigned to any duty with the air carrier or commercial operator. In any
case, he must be relieved of all duty for at least 24 consecutive hours
during any seven consecutive days.
(c) No airman may be aloft as a flight crewmember more than--
(1) 120 hours during any 30 consecutive days; or
(2) 300 hours during any 90 consecutive days.
[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964, as amended by Amdt. 121-17, 31 FR
1147, Jan. 28, 1966]
Sec. 121.523 Flight time limitations: Crew of three or more pilots and
additional airmen as required.
(a) No supplemental air carrier or commercial operator may schedule an
airman for flight deck duty as a flight engineer, or navigator in a crew of
three or more pilots and additional airmen for a total of more than 12 hours
during any 24 consecutive hours.
(b) Each supplemental air carrier and commercial operator shall schedule
its flight hours to provide adequate rest periods on the ground for each
airman who is away from his principal operations base. It shall also provide
adequate sleeping quarters on the airplane whenever an airman is scheduled to
be aloft as a flight crewmember for more than 12 hours during any 24
consecutive hours.
(c) No supplemental air carrier or commercial operator may schedule any
flight crewmember to be on continuous duty for more than 30 hours. Such a
crewmember is considered to be on continuous duty from the time he reports
for duty until the time he is released from duty for a rest period of at
least 10 hours on the ground. If a flight crewmember is on continuous duty
for more than 24 hours (whether scheduled or not) duty any scheduled duty
period, he must be given at least 16 hours for rest on the ground after
completing the last flight scheduled for that scheduled duty period before
being assigned any further flight duty.
(d) If a flight crewmember is required to engage in deadhead transportation
for more than four hours before beginning flight duty, one half of the time
spent in deadhead transportation must be treated as duty time for the purpose
of complying with duty time limitations, unless he is given at least 10 hours
of rest on the ground before being assigned to flight duty.
(e) Each supplemental air carrier and commercial operator shall give each
airman, upon return to his operations base from any flight or series of
flights, a rest period that is at least twice the total number of hours he
was aloft as a flight crewmember since the last rest period at his base,
before assigning him to any further duty. If the required rest period is more
than seven days, that part of the rest period that is more than seven days
may be given at any time before the pilot is again scheduled for flight duty.
(f) No airman may be aloft as a flight crewmember for more than 350 hours
in any 90 consecutive days.
Sec. 121.525 Flight time limitations: Pilots serving in more than one kind
of flight crew.
(a) This section applies to each pilot assigned during any 30 consecutive
days to more than one type of flight crew.
(b) The flight time limitations for a pilot who is scheduled for duty aloft
for more than 20 hours in two-pilot crews in 30 consecutive days, or whose
assignment in such a crew is interrupted more than once in any 30 consecutive
days by assignment to a crew of two or more pilots and an additional flight
crewmember, are those listed in Secs. 121.503 through 121.509, as
appropriate.
(c) Except for a pilot covered by paragraph (b) of this section, the flight
time limitations for a pilot scheduled for duty aloft for more than 20 hours
in two-pilot and additional flight crewmember crews in 30 consecutive days or
whose assignment in such a crew is interrupted more than once in any 30
consecutive days by assignment to a crew consisting of three pilots and an
additional flight crewmember, are those set forth in Sec. 121.521.
(d) The flight time limitations for a pilot to whom paragraphs (b) and (c)
of this section do not apply, and who is scheduled for duty aloft for a total
of not more than 20 hours within 30 consecutive days in two-pilot crews (with
or without additional flight crewmembers) are those set forth in Sec.
121.523.
(e) The flight time limitations for a pilot assigned to each of two-pilot,
two-pilot and additional flight crewmember, and three-pilot and additional
flight crewmember crews in 30 consecutive days, and who is not subject to
paragraph (b), (c), or (d) of this section, are those listed in Sec. 121.523.
This subpart prescribes requirements for flight operations applicable to
all certificate holders, except where otherwise specified.
Sec. 121.533 Responsibility for operational control: Domestic air carriers.
(a) Each domestic air carrier is responsible for operational control.
(b) The pilot in command and the aircraft dispatcher are jointly
responsible for the preflight planning, delay, and dispatch release of a
flight in compliance with this chapter and operations specifications.
(c) The aircraft dispatcher is responsible for--
(1) Monitoring the progress of each flight;
(2) Issuing necessary information for the safety of the flight; and
(3) Cancelling or redispatching a flight if, in his opinion or the opinion
of the pilot in command, the flight cannot operate or continue to operate
safely as planned or released.
(d) Each pilot in command of an aircraft is, during flight time, in command
of the aircraft and crew and is responsible for the safety of the passengers,
crewmembers, cargo, and airplane.
(e) Each pilot in command has full control and authority in the operation
of the aircraft, without limitation, over other crewmembers and their duties
during flight time, whether or not he holds valid certificates authorizing
him to perform the duties of those crewmembers.
Sec. 121.535 Responsibility for operational control: Flag air carriers.
(a) Each flag air carrier is responsible for operational control.
(b) The pilot in command and the aircraft dispatcher are jointly
responsible for the preflight planning, delay, and dispatch release of a
flight in compliance with this chapter and operations specifications.
(c) The aircraft dispatcher is responsible for--
(1) Monitoring the progress of each flight;
(2) Issuing necessary instructions and information for the safety of the
flight; and
(3) Cancelling or redispatching a flight if, in his opinion or the opinion
of the pilot in command, the flight cannot operate or continue to operate
safely as planned or released.
(d) Each pilot in command of an aircraft is, during flight time, in command
of the aircraft and crew and is responsible for the safety of the passengers,
crewmembers, cargo, and airplane.
(e) Each pilot in command has full control and authority in the operation
of the aircraft, without limitation, over other crewmembers and their duties
during flight time, whether or not he holds valid certificates authorizing
him to perform the duties of those crewmembers.
(f) No pilot may operate an aircraft in a careless or reckless manner so as
to endanger life or property.
Sec. 121.537 Responsibility for operational control: Supplemental air
carriers and commercial operators.
(a) Each supplemental air carrier and commercial operator--
(1) Is responsible for operational control; and
(2) Shall list each person authorized by it to exercise operational control
in its operator's manual.
(b) The pilot in command and the director of operations are jointly
responsible for the initiation, continuation, diversion, and termination of a
flight in compliance with this chapter and the operations specifications. The
director of operations may delegate the functions for the initiation,
continuation, diversion, and termination of a flight but he may not delegate
the responsibility for those functions.
(c) The director of operations is responsible for cancelling, diverting, or
delaying a flight if in his opinion or the opinion of the pilot in command
the flight cannot operate or continue to operate safely as planned or
released. The director of operations is responsible for assuring that each
flight is monitored with respect to at least the following:
(1) Departure of the flight from the place of origin and arrival at the
place of destination, including intermediate stops and any diversions
therefrom.
(2) Maintenance and mechanical delays encountered at places of origin and
destination and intermediate stops.
(3) Any known conditions that may adversely affect the safety of flight.
(d) Each pilot in command of an aircraft is, during flight time, in command
of the aircraft and crew and is responsible for the safety of the passengers,
crewmembers, cargo, and aircraft. The pilot in command has full control and
authority in the operation of the aircraft, without limitation, over other
crewmembers and their duties during flight time, whether or not he holds
valid certificates authorizing him to perform the duties of those
crewmembers.
(e) Each pilot in command of an aircraft is responsible for the preflight
planning and the operation of the flight in compliance with this chapter and
the operations specifications.
(f) No pilot may operate an aircraft, in a careless or reckless manner, so
as to endanger life or property.
Sec. 121.538 Airplane security.
Certificate holders conducting operations under this part shall comply with
the applicable security requirements in Part 108 of this chapter.
[Amdt. 121-167, 46 FR 3790, Jan. 15, 1981]
Sec. 121.539 Operations notices.
Each certificate holder shall notify its appropriate operations personnel
of each change in equipment and operating procedures, including each known
change in the use of navigation aids, airports, air traffic control
procedures and regulations, local airport traffic control rules, and known
hazards to flight, including icing and other potentially hazardous
meteorological conditions and irregularities in ground and navigation
facilities.
Sec. 121.541 Operations schedules: Domestic and flag air carriers.
In establishing flight operations schedules, each domestic and flag air
carrier shall allow enough time for the proper servicing of aircraft at
intermediate stops, and shall consider the prevailing winds en route and the
cruising speed of the type of aircraft used. This cruising speed may not be
more than that resulting from the specified cruising output of the engines.
Sec. 121.542 Flight crewmember duties.
(a) No certificate holder shall require, nor may any flight crewmember
perform, any duties during a critical phase of flight except those duties
required for the safe operation of the aircraft. Duties such as company
required calls made for such nonsafety related purposes as ordering galley
supplies and confirming passenger connections, announcements made to
passengers promoting the air carrier or pointing out sights of interest, and
filling out company payroll and related records are not required for the safe
operation of the aircraft.
(b) No flight crewmember may engage in, nor may any pilot in command
permit, any activity during a critical phase of flight which could distract
any flight crewmember from the performance of his or her duties or which
could interfere in any way with the proper conduct of those duties.
Activities such as eating meals, engaging in nonessential conversations
within the cockpit and nonessential communications between the cabin and
cockpit crews, and reading publications not related to the proper conduct of
the flight are not required for the safe operation of the aircraft.
(c) For the purposes of this section, critical phases of flight includes
all ground operations involving taxi, takeoff and landing, and all other
flight operations conducted below 10,000 feet, except cruise flight.
Note: Taxi is defined as "movement of an airplane under its own power on
the surface of an airport."
[Amdt. 121-168, 46 FR 5502, Jan. 19, 1981]
Sec. 121.543 Flight crewmembers at controls.
(a) Except as provided in paragraph (b) of this section, each required
flight crewmember on flight deck duty must remain at the assigned duty
station with seat belt fastened while the aircraft is taking off or landing,
and while it is en route.
(b) A required flight crewmember may leave the assigned duty station--
(1) If the crewmember's absence is necessary for the performance of duties
in connection with the operation of the aircraft;
(2) If the crewmember's absence is in connection with physiological needs;
or
(3) If the crewmember is taking a rest period, and relief is provided--
(i) In the case of the assigned pilot in command during the en route cruise
portion of the flight, by a pilot who holds an airline transport pilot
certificate and an appropriate type rating, is currently qualified as pilot
in command or second in command, and is qualified as pilot in command of that
aircraft during the en route cruise portion of the flight. A second in
command qualified to act as a pilot in command en route need not have
completed the following pilot in command requirements: The 6-month recurrent
flight training required by Sec. 121.433(c)(1)(iii); the operating experience
required by Sec. 121.434; the takeoffs and landings required by Sec. 121.439;
the line check required by Sec. 121.440; and the 6-month proficiency check or
simulator training required by Sec. 121.441(a)(1); and
(ii) In the case of the assigned second in command, by a pilot qualified to
act as second in command of that aircraft during en route operations.
However, the relief pilot need not meet the recent experience requirements of
Sec. 121.439(b).
[Amdt. 121-144, 43 FR 22648, May 25, 1978, as amended by Amdt. 121-179, 47 FR
33390, Aug. 2, 1982]
Sec. 121.545 Manipulation of controls.
No pilot in command may allow any person to manipulate the controls of an
aircraft during flight nor may any person manipulate the controls during
flight unless that person is--
(a) A qualified pilot of the certificate holder operating that aircraft.
(b) An authorized pilot safety representative of the Administrator or of
the National Transportation Safety Board who has the permission of the pilot
in command, is qualified in the aircraft, and is checking flight operations;
or
(c) A pilot of another certificate holder who has the permission of the
pilot in command, is qualified in the aircraft, and is authorized by the
certificate holder operating the aircraft.
[Doc. No. 6258, 29 FR 19220, Dec. 31, 1964, as amended by Doc. No. 8084, 32
FR 5769, Apr. 11, 1967; Amdt. 121-144, 43 FR 22648, May 25, 1978]
Sec. 121.547 Admission to flight deck.
(a) No person may admit any person to the flight deck of an aircraft unless
the person being admitted is--
(1) A crewmember;
(2) An FAA air carrier inspector, or an authorized representative of the
National Transportation Safety Board, who is performing official duties;
(3) An employee of the United States, a certificate holder, or an
aeronautical enterprise who has the permission of the pilot in command and
whose duties are such that admission to the flight deck is necessary or
advantageous for safe operations; or
(4) Any person who has the permission of the pilot in command and is
specifically authorized by the certificate holder management and by the
Administrator.
Paragraph (a)(2) of this section does not limit the emergency authority of
the pilot in command to exclude any person from the flight deck in the
interests of safety.
(b) For the purposes of paragraph (a)(3) of this section, employees of the
United States who deal responsibly with matters relating to safety and
employees of the certificate holder whose efficiency would be increased by
familiarity with flight conditions, may be admitted by the certificate
holder. However, the certificate holder may not admit employees of traffic,
sales, or other departments that are not directly related to flight
operations, unless they are eligible under paragraph (a)(4) of this section.
(c) No person may admit any person to the flight deck unless there is a
seat available for his use in the passenger compartment, except--
(1) An FAA air carrier inspector or an authorized representative of the
Administrator or National Transportation Safety Board who is checking or
observing flight operations;
(2) An air traffic controller who is authorized by the Administrator to
observe ATC procedures;
(3) A certificated airman employed by the certificate holder whose duties
require an airman certificate;
(4) A certificated airman employed by another certificate holder whose
duties with that carrier require an airman certificate and who is authorized
by the certificate holder operating the aircraft to make specific trips over
a route;
(5) An employee of the certificate holder operating the aircraft whose duty
is directly related to the conduct or planning of flight operations or the
inflight monitoring of aircraft equipment or operating procedures, if his
presence on the flight deck is necessary to perform his duties and he has
been authorized in writing by a responsible supervisor, listed in the
Operations Manual as having that authority; and
(6) A technical representative of the manufacturer of the aircraft or its
components whose duties are directly related to the in-flight monitoring of
aircraft equipment or operating procedures, if his presence on the flight
deck is necessary to perform his duties, and he has been authorized in
writing by the Administrator and by a responsible supervisor of the
operations department of the certificate holder, listed in the Operations
Manual as having that authority.
Sec. 121.548 Aviation safety inspector's credentials: Admission to pilot's
compartment.
Whenever, in performing the duties of conducting an inspection, an
inspector of the Federal Aviation Administration presents form FAA 110A,
"Aviation Safety Inspector's Credential," to the Pilot in command of an
aircraft operated by an air carrier or commercial operator, the inspector
must be given free and uninterrupted access to the pilot's compartment of
that aircraft.
[Amdt. 121-143, 43 FR 22642, May 25, 1978]
Sec. 121.549 Flying equipment.
(a) The pilot in command shall ensure that appropriate aeronautical charts
containing adequate information concerning navigation aids and instrument
approach procedures are aboard the aircraft for each flight.
(b) Each crewmember shall, on each flight, have readily available for his
use a flashlight that is in good working order.
Sec. 121.550 Secret Service Agents: Admission to flight deck.
Whenever an Agent of the Secret Service who is assigned the duty of
protecting a person aboard an aircraft operated by an air carrier or
commercial operator considers it necessary in the performance of his duty to
ride on the flight deck of the aircraft, he must, upon request and
presentation of his Secret Service credentials to the pilot in command of the
aircraft, be admitted to the flight deck and permitted to occupy an observer
seat thereon.
[Amdt. 121-64, 35 FR 12061, July 28, 1970]
Sec. 121.551 Restriction or suspension of operation: Domestic and flag air
carriers.
When a domestic or flag air carrier knows of conditions, including airport
and runway conditions, that are a hazard to safe operations, it shall
restrict or suspend operations until those conditions are corrected.
Sec. 121.553 Restriction or suspension of operation: Supplemental air
carriers and commercial operators.
When a supplemental air carrier, commercial operator, or pilot in command
knows of conditions, including airport and runway conditions, that are a
hazard to safe operations, the air carrier, commercial operator, or pilot in
command, as the case may be, shall restrict or suspend operations until those
conditions are corrected.
Sec. 121.555 Compliance with approved routes and limitations: Domestic and
flag air carriers.
No pilot may operate an airplane in scheduled air transportation--
(a) Over any route or route segment unless it is specified in the domestic
or flag air carrier's operations specifications; or
(b) Other than in accordance with the limitations in the operations
specifications.
Sec. 121.557 Emergencies: Domestic and flag air carriers.
(a) In an emergency situation that requires immediate decision and action
the pilot in command may take any action that he considers necessary under
the circumstances. In such a case he may deviate from prescribed operations
procedures and methods, weather minimums, and this chapter, to the extent
required in the interests of safety.
(b) In an emergency situation arising during flight that requires immediate
decision and action by an aircraft dispatcher, and that is known to him, the
aircraft dispatcher shall advise the pilot in command of the emergency, shall
ascertain the decision of the pilot in command, and shall have the decision
recorded. If the aircraft dispatcher cannot communicate with the pilot, he
shall declare an emergency and take any action that he considers necessary
under the circumstances.
(c) Whenever a pilot in command or dispatcher exercises emergency
authority, he shall keep the appropriate ATC facility and dispatch centers
fully informed of the progress of the flight. The person declaring the
emergency shall send a written report of any deviation through the air
carrier's operations manager, to the Administrator. A dispatcher shall send
his report within 10 days after the date of the emergency, and a pilot in
command shall send his report within 10 days after returning to his home
base.
Sec. 121.559 Emergencies: Supplemental air carriers and commercial
operators.
(a) In an emergency situation that requires immediate decision and action,
the pilot in command may take any action that he considers necessary under
the circumstances. In such a case, he may deviate from prescribed operations,
procedures and methods, weather minimums, and this chapter, to the extent
required in the interests of safety.
(b) In an emergency situation arising during flight that requires immediate
decision and action by appropriate management personnel in the case of
operations conducted with a flight following service and which is known to
them, those personnel shall advise the pilot in command of the emergency,
shall ascertain the decision of the pilot in command, and shall have the
decision recorded. If they cannot communicate with the pilot, they shall
declare an emergency and take any action that they consider necessary under
the circumstances.
(c) Whenever emergency authority is exercised, the pilot in command or the
appropriate management personnel shall keep the appropriate ground radio
station fully informed of the progress of the flight. The person declaring
the emergency shall send a written report of any deviation, through the air
carrier's or commercial operator's director of operations, to the
Administrator within 10 days after the flight is completed or, in the case of
operations outside the United States, upon return to the home base.
Sec. 121.561 Reporting potentially hazardous meteorological conditions and
irregularities of ground and navigation facilities.
(a) Whenever he encounters a meteorological condition or an irregularity in
a ground or navigational facility, in flight, the knowledge of which he
considers essential to the safety of other flights, the pilot in command
shall notify an appropriate ground station as soon as practicable.
(b) The ground radio station that is notified under paragraph (a) of this
section shall report the information to the agency directly responsible for
operating the facility.
Sec. 121.563 Reporting mechanical irregularities.
The pilot in command shall ensure that all mechanical irregularities
occurring during flight time are entered in the maintenance log of the
airplane at the end of that flight time. Before each flight the pilot in
command shall ascertain the status of each irregularity entered in the log at
the end of the preceding flight.
[Doc. No. 17897, 45 FR 41594, June 19, 1980, as amended by Amdt. 121-179, 47
FR 33390, Aug. 2, 1982]
Sec. 121.565 Engine inoperative: Landing; reporting.
(a) Except as provided in paragraph (b) of this section, whenever an engine
of an airplane fails or whenever the rotation of an engine is stopped to
prevent possible damage, the pilot in command shall land the airplane at the
nearest suitable airport, in point of time, at which a safe landing can be
made.
(b) If not more than one engine of an airplane that has three or more
engines fails or its rotation is stopped, the pilot in command may proceed to
an airport that he selects if, after considering the following, he decides
that proceeding to that airport is as safe as landing at the nearest suitable
airport:
(1) The nature of the malfunction and the possible mechanical difficulties
that may occur if flight is continued.
(2) The altitude, weight, and usable fuel at the time of engine stoppage.
(3) The weather conditions en route and at possible landing points.
(4) The air traffic congestion.
(5) The kind of terrain.
(6) His familiarity with the airport to be used.
(c) The pilot in command shall report each stoppage of engine rotation in
flight to the appropriate ground radio station as soon as practicable and
shall keep that station fully informed of the progress of the flight.
(d) If the pilot in command lands at an airport other than the nearest
suitable airport, in point of time, he shall (upon completing the trip) send
a written report, in duplicate, to his operations manager (or director of
operations in the case of a supplemental air carrier or commercial operator)
stating his reasons for determining that his selection of an airport, other
than the nearest airport, was as safe a course of action as landing at the
nearest suitable airport. The operations manager or director of operations
shall, within 10 days after the pilot returns to his home base, send a copy
of this report with his comments to the FAA Flight Standards District Office
charged with the overall inspection of the air carrier's operations.
[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-207, 54
FR 39293, Sept. 25, 1989]
Sec. 121.567 Instrument approach procedures and IFR landing minimums.
No person may make an instrument approach at an airport except in
accordance with IFR weather minimums and instrument approach procedures set
forth in the certificate holder's operations specifications.
Sec. 121.569 Equipment interchange: Domestic and flag air carriers.
(a) Before operating under an interchange agreement, each domestic and flag
air carrier shall show that--
(1) The procedures for the interchange operation conform with this chapter
and with safe operating practices;
(2) Required crewmembers and dispatchers meet approved training
requirements for the airplanes and equipment to be used and are familiar with
the communications and dispatch procedures to be used;
(3) Maintenance personnel meet training requirements for the airplanes and
equipment, and are familiar with the maintenance procedures to be used;
(4) Flight crewmembers and dispatchers meet appropriate route and airport
qualifications; and
(5) The airplanes to be operated are essentially similar to the airplanes
of the air carrier with whom the interchange is effected with respect to the
arrangement of flight instruments and the arrangement and motion of controls
that are critical to safety unless the Administrator determines that the air
carrier has adequate training programs to insure that any potentially
hazardous dissimilarities are safely overcome by flight crew familiarization.
(b) Each domestic and flag air carrier shall include the pertinent
provisions and procedures involved in the equipment interchange agreement in
its manuals.
Sec. 121.570 Airplane evacuation capability.
(a) No person may cause an airplane carrying passengers to be moved on the
surface, take off, or land unless each automatically deployable emergency
evacuation assisting means, installed pursuant to Sec. 121.310(a), is ready
for evacuation.
(b) Each certificate holder shall ensure that, at all times passengers are
on board prior to airplane movement on the surface, at least one floor-level
exit provides for the egress of passengers through normal or emergency means.
SUMMARY: This final rule amends the Federal Aviation Regulations by requiring
operators and certificate holders to allow the use of approved child
restraint systems and by updating certain regulations concerning passenger
and crewmember safety, attitude indicators, and check airmen. This action is
in response to requests from the public, consumer groups, and Congress;
reports from FAA inspectors; and investigations and recommendations by the
National Transportation Safety Board. The rule is intended to increase the
safety of crewmembers and passengers on board aircraft and to update other
operational amendments.
(a) Each certificate holder operating a passenger-carrying airplane shall
insure that all passengers are orally briefed by the appropriate crewmember
as follows:
(1) Before each takeoff, on each of the following:
(i) Smoking. Each passenger shall be briefed on when, where, and under what
conditions smoking is prohibited (including, but not limited to, any
applicable requirements of part 252 of this title). This briefing shall
include a statement that the Federal Aviation Regulations require passenger
compliance with the lighted passenger information signs, posted placards,
areas designated for safety purposes as no smoking areas, and crewmember
instructions with regard to these items. The briefing shall also include a
statement that Federal law prohibits tampering with, disabling, or destroying
any smoke detector in an airplane lavatory; smoking in lavatories; and, when
applicable, smoking in passenger compartments.
(ii) The location of emergency exits.
(iii) The use of safety belts, including instructions on how to fasten and
unfasten the safety belts. Each passenger shall be briefed on when, where,
and under what conditions the safety belt must be fastened about that
passenger. This briefing shall include a statement that the Federal Aviation
Regulations require passenger compliance with lighted passenger information
signs and crewmember instructions concerning the use of safety belts.
(iv) The location and use of any required emergency flotation means.
(2) After each takeoff, immediately before or immediately after turning the
seat belt sign off, an announcement shall be made that passengers should keep
their seat belts fastened, while seated, even when the seat belt sign is off.
(3) Except as provided in paragraph (a)(4) of this section, before each
takeoff a flight attendant assigned to the flight shall conduct an individual
briefing of each person who may need the assistance of another person to move
expeditiously to an exit in the event of an emergency. In the briefing the
flight attendant shall--
(i) Brief the person and his attendant, if any, on the routes to each
appropriate exit and on the most appropriate time to begin moving to an exit
in the event of an emergency; and
(ii) Inquire of the person and his attendant, if any, as to the most
appropriate manner of assisting the person so as to prevent pain and further
injury.
(4) The requirements of paragraph (a)(3) of this section do not apply to a
person who has been given a briefing before a previous leg of a flight in the
same aircraft when the flight attendants on duty have been advised as to the
most appropriate manner of assisting the person so as to prevent pain and
further injury.
(b) Each certificate holder shall carry on each passenger-carrying
airplane, in convenient locations for use of each passenger, printed cards
supplementing the oral briefing and containing--
(1) Diagrams of, and methods of operating, the emergency exits; and
(2) Other instructions necessary for use of emergency equipment.
Each card required by this paragraph must contain information that is
pertinent only to the type and model airplane used for that flight.
(c) The certificate holder shall describe in its manual the procedure to be
followed in the briefing required by paragraph (a) of this section.
SUMMARY: This final rule amends the Federal Aviation Regulations by requiring
operators and certificate holders to allow the use of approved child
restraint systems and by updating certain regulations concerning passenger
and crewmember safety, attitude indicators, and check airmen. This action is
in response to requests from the public, consumer groups, and Congress;
reports from FAA inspectors; and investigations and recommendations by the
National Transportation Safety Board. The rule is intended to increase the
safety of crewmembers and passengers on board aircraft and to update other
operational amendments.
Sec. 121.573 Briefing passengers: Extended overwater operations.
(a) In addition to the oral briefing required by Sec. 121.571(a), each
certificate holder operating an airplane in extended overwater operations
shall ensure that all passengers are orally briefed by the appropriate
crewmember on the location and operation of life preservers, liferafts, and
other flotation means, including a demonstration of the method of donning and
inflating a life preserver.
(b) The certificate holder shall describe in its manual the procedure to be
followed in the briefing required by paragraph (a) of this section.
(c) If the airplane proceeds directly over water after takeoff, the
briefing required by paragraph (a) of this section must be done before
takeoff.
(d) If the airplane does not proceed directly over water after takeoff, no
part of the briefing required by paragraph (a) of this section has to be
given before takeoff, but the entire briefing must be given before reaching
the overwater part of the flight.
[Amdt. 121-2, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-144, 43 FR
22648, May 25, 1978; Amdt. 121-146, 43 FR 28403, June 29, 1978]
Sec. 121.574 Oxygen for medical use by passengers.
(a) A certificate holder may allow a passenger to carry and operate
equipment for the storage, generation, or dispensing of oxygen when the
following conditions are met:
(1) The equipment is--
(i) Furnished by the certificate holder;
(ii) Of an approved type or is in conformity with the manufacturing,
packaging, marking, labeling, and maintenance requirements of 49 CFR Parts
171, 172, and 173, except Sec. 173.24(a)(1);
(iii) Maintained by the certificate holder in accordance with an approved
maintenance program;
(iv) Free of flammable contaminants on all exterior surfaces;
(v) Capable of providing a minimum mass flow of oxygen to the user of four
liters per minute;
(vi) Constructed so that all valves, fittings, and gauges are protected
from damage; and
(vii) Appropriately secured.
(2) When the oxygen is stored in the form of a liquid, the equipment has
been under the certificate holder's approved maintenance program since its
purchase new or since the storage container was last purged.
(3) When the oxygen is stored in the form of a compressed gas as defined in
49 CFR 173.300(a)--
(i) The equipment has been under the certificate holder's approved
maintenance program since its purchase new or since the last hydrostatic test
of the storage cylinder; and
(ii) The pressure in any oxygen cylinder does not exceed the rated cylinder
pressure.
(4) Each person using the equipment has a medical need to use it evidenced
by a written statement to be kept in that person's possession, signed by a
licensed physician which specifies the maximum quantity of oxygen needed each
hour and the maximum flow rate needed for the pressure altitude corresponding
to the pressure in the cabin of the airplane under normal operating
conditions. This paragraph does not apply to the carriage of oxygen in an
airplane in which the only passengers carried are persons who may have a
medical need for oxygen during flight, no more than one relative or other
interested person for each of those persons, and medical attendants.
(5) When a physician's statement is required by paragraph (a)(4) of this
section, the total quantity of oxygen carried is equal to the maximum
quantity of oxygen needed each hour, as specified in the physician's
statement, multiplied by the number of hours used to compute the amount of
airplane fuel required by this part.
(6) The pilot in command is advised when the equipment is on board, and
when it is intended to be used.
(7) The equipment is stowed, and each person using the equipment is seated,
so as not to restrict access to or use of any required emergency, or regular
exit or of the aisle in the passenger compartment.
(b) No person may, and no certificate holder may allow any person to, smoke
within 10 feet of oxygen storage and dispensing equipment carried in
accordance with paragraph (a) of this section.
(c) No certificate holder may allow any person to connect or disconnect
oxygen dispensing equipment, to or from a gaseous oxygen cylinder while any
passenger is aboard the airplane.
(d) The requirements of this section do not apply to the carriage of
supplemental or first-aid oxygen and related equipment required by this
chapter.
[Amdt. 121-113, 39 FR 42677, Dec. 6, 1974, as amended by Amdt. 121-159, 45 FR
41594, June 19, 1980]
Sec. 121.575 Alcoholic beverages.
(a) No person may drink any alcoholic beverage aboard an aircraft unless
the certificate holder operating the aircraft has served that beverage to
him.
(b) No certificate holder may serve any alcoholic beverage to any person
aboard any of its aircraft who--
(1) Appears to be intoxicated;
(2) Is escorting a person or being escorted in accordance with Sec. 108.21;
or
(3) Has a deadly or dangerous weapon accessible to him while aboard the
aircraft in accordance with Sec. 108.11.
(c) No certificate holder may allow any person to board any of its aircraft
if that person appears to be intoxicated.
(d) Each certificate holder shall, within five days after the incident,
report to the Administrator the refusal of any person to comply with
paragraph (a) of this section, or of any disturbance caused by a person who
appears to be intoxicated aboard any of its aircraft.
[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-118, 40
FR 17552, Apr. 21, 1975; Amdt. 121-178, 47 FR 13316, Mar. 29, 1982]
Sec. 121.576 Retention of items of mass in passenger and crew compartments.
The certificate holder must provide and use means to prevent each item of
galley equipment and each serving cart, when not in use, and each item of
crew baggage, which is carried in a passenger or crew compartment from
becoming a hazard by shifting under the appropriate load factors
corresponding to the emergency landing conditions under which the airplane
was type certificated.
[Amdt. 121-144, 43 FR 22648, May 25, 1978]
Sec. 121.577 Stowage of food, beverage, and passenger service equipment
during airplane movement on the surface, takeoff, and landing.
(a) No certificate holder may move an airplane on the surface, take off, or
land when any food, beverage, or tableware furnished by the certificate
holder is located at any passenger seat.
(b) No certificate holder may move an airplane on the surface, take off, or
land unless each food and beverage tray and seat back tray table is secured
in its stowed position.
(c) No certificate holder may permit an airplane to move on the surface,
take off, or land unless each passenger serving cart is secured in its stowed
position.
(d) No certificate holder may permit an airplane to move on the surface,
take off, or land unless each movie screen that extends into an aisle is
stowed.
(e) Each passenger shall comply with instructions given by a crewmember
with regard to compliance with this section.
SUMMARY: This final rule amends the Federal Aviation Regulations by requiring
operators and certificate holders to allow the use of approved child
restraint systems and by updating certain regulations concerning passenger
and crewmember safety, attitude indicators, and check airmen. This action is
in response to requests from the public, consumer groups, and Congress;
reports from FAA inspectors; and investigations and recommendations by the
National Transportation Safety Board. The rule is intended to increase the
safety of crewmembers and passengers on board aircraft and to update other
operational amendments.
(a) For the purpose of this section, the following definitions apply:
(1) "Flight segment" means scheduled nonstop flight time between two
airports.
(2) "Sea level equivalent" refers to conditions of 25 deg. C and 760
millimeters of mercury pressure.
(b) Except as provided in paragraphs (d) and (e) of this section, no
certificate holder may operate a transport category airplane above the
following flight levels unless it is successfully demonstrated to the
Administrator that the concentration of ozone inside the cabin will not
exceed--
(1) For flight above flight level 320, 0.25 parts per million by volume,
sea level equivalent, at any time above that flight level; and
(2) For flight above flight level 270, 0.1 parts per million by volume, sea
level equivalent, time-weighted average for each flight segment that exceeds
4 hours and includes flight above that flight level. (For this purpose, the
amount of ozone below flight level 180 is considered to be zero.)
(c) Compliance with this section must be shown by analysis or tests, based
on either airplane operational procedures and performance limitations or the
certificate holder's operations. The analysis or tests must show either of
the following:
(1) Atmospheric ozone statistics indicate, with a statistical confidence of
at least 84%, that at the altitudes and locations at which the airplane will
be operated cabin ozone concentrations will not exceed the limits prescribed
by paragraph (b) of this section.
(2) The airplane ventilation system including any ozone control equipment,
will maintain cabin ozone concentrations at or below the limits prescribed by
paragraph (b) of this section.
(d) A certificate holder may obtain an authorization to deviate from the
requirements of paragraph (b) of this section, by an amendment to its
operations specifications, if--
(1) It shows that due to circumstances beyond its control or to
unreasonable economic burden it cannot comply for a specified period of time;
and
(2) It has submitted a plan acceptable to the Administrator to effect
compliance to the extent possible.
(e) A certificate holder need not comply with the requirements of paragraph
(b) of this section for an aircraft--
(1) When the only persons carried are flight crewmembers and persons listed
in Sec. 121.583;
(2) If the aircraft is scheduled for retirement before January 1, 1985; or
(3) If the aircraft is scheduled for re-engining under the provisions of
Subpart E of Part 91, until it is re-engined.
Sec. 121.579 Minimum altitudes for use of autopilot.
(a) En route operations. Except as provided in paragraphs (b) and (c) of
this section, no person may use an autopilot en route, including climb and
descent, at an altitude above the terrain that is less than twice the maximum
altitude loss specified in the Airplane Flight Manual for a malfunction of
the autopilot under cruise conditions, or less than 500 feet, whichever is
higher.
(b) Approaches. When using an instrument approach facility, no person may
use an autopilot at an altitude above the terrain that is less than twice the
maximum altitude loss specified in the Airplane Flight Manual for a
malfunction of the autopilot under approach conditions, or less than 50 feet
below the approved minimum descent altitude or decision height for the
facility, whichever is higher, except--
(1) When reported weather conditions are less than the basic VFR weather
conditions in Sec. 91.155 of this chapter, no person may use an autopilot
with an approach coupler for ILS approaches at an altitude above the terrain
that is less than 50 feet higher than the maximum altitude loss specified in
the Airplane Flight Manual for the malfunction of the autopilot with approach
coupler under approach conditions; and
(2) When reported weather conditions are equal to or better than the basic
VFR minimums in Sec. 91.155 of this chapter, no person may use an autopilot
with an approach coupler for ILS approaches at an altitude above the terrain
that is less than the maximum altitude loss specified in the Airplane Flight
Manual for the malfunction of the autopilot with approach coupler under
approach conditions, or 50 feet, whichever is higher.
(c) Notwithstanding paragraph (a) or (b) of this section, the Administrator
issues operations specifications to allow the use, to touchdown, of an
approved flight control guidance system with automatic capability, in any
case in which--
(1) The system does not contain any altitude loss (above zero) specified in
the Airplane Flight Manual for malfunction of the autopilot with approach
coupler; and
(2) He finds that the use of the system to touchdown will not otherwise
affect the safety standards required by this section.
Effective Date Note: At 54 FR 34331, August 18, 1989, Sec. 121.579(b)(1)
and (2) were amended by changing the cross reference "Sec. 91.105" to read
"Sec. 91.155", effective August 18, 1990.
Sec. 121.581 Forward observer's seat: En route inspections.
(a) Each certificate holder shall make available a seat on the flight deck
of each airplane, used by it in air commerce, for occupancy by the
Administrator while conducting en route inspections. The location and
equipment of the seat, with respect to its suitability for use in conducting
en route inspections, is determined by the Administrator.
(b) In each airplane that has more than one observer's seat, in addition to
the seats required for the crew complement for which the airplane was
certificated, the forward observer's seat or the observer's seat selected by
the Administrator must be made available when complying with paragraph (a) of
this section.
[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-144, 43
FR 22648, May 25, 1978]
Sec. 121.583 Carriage of persons without compliance with the passenger-
carrying requirements of this part.
(a) When authorized by the certificate holder, the following persons, but
no others, may be carried aboard an airplane without complying with the
passenger-carrying airplane requirements in Secs. 121.309(f), 121.310,
121.391, 121.571, and 121.587; the passenger-carrying operation requirements
in Secs. 121.157(c), 121.161, and 121.291; and the requirements pertaining to
passengers in Secs. 121.285, 121.313(f), 121.317, 121.547, and 121.573:
(1) A crewmember.
(2) A company employee.
(3) An FAA air carrier inspector, or an authorized representative of the
National Transportation Safety Board, who is performing official duties.
(4) A person necessary for--
(i) The safety of the flight;
(ii) The safe handling of animals;
(iii) The safe handling of hazardous materials whose carriage is governed
by regulations in 49 CFR Part 175;
(iv) The security of valuable or confidential cargo;
(v) The preservation of fragile or perishable cargo;
(vi) Experiments on, or testing of, cargo containers or cargo handling
devices;
(vii) The operation of special equipment for loading or unloading cargo;
and
(viii) The loading or unloading of outsize cargo.
(5) A person described in paragraph (a)(4) of this section, when traveling
to or from his assignment.
(6) A person performing duty as an honor guard accompanying a shipment made
by or under the authority of the United States.
(7) A military courier, military route supervisor, military cargo contract
coordinator, or a flight crewmember of another military cargo contract air
carrier or commercial operator, carried by a military cargo contract air
carrier or commercial operator in operations under a military cargo contract,
if that carriage is specifically authorized by the appropriate armed forces.
(8) A dependent of an employee of the certificate holder when traveling
with the employee on company business to or from outlying stations not served
by adequate regular passenger flights.
(b) No certificate holder may operate an airplane carrying a person covered
by paragraph (a) of this section unless--
(1) Each person has unobstructed access from his seat to the pilot
compartment or to a regular or emergency exit;
(2) The pilot in command has a means of notifying each person when smoking
is prohibited and when safety belts must be fastened; and
(3) The airplane has an approved seat with an approved safety belt for each
person. The seat must be located so that the occupant is not in any position
to interfere with the flight crewmembers performing their duties.
(c) Before each takeoff, each certificate holder operating an airplane
carrying persons covered by paragraph (a) of this section shall ensure that
all such persons have been orally briefed by the appropriate crewmember on--
(1) Smoking;
(2) The use of seat belts;
(3) The location and operation of emergency exits;
(4) The use of oxygen and emergency oxygen equipment; and
(5) For extended overwater operations, the location of life rafts, and the
location and operation of life preservers including a demonstration of the
method of donning and inflating a life preserver.
(d) Each certificate holder operating an airplane carrying persons covered
by paragraph (a) of this section shall incorporate procedures for the safe
carriage of such persons into the air carrier's or commercial operator's
operations manual.
(e) The pilot in command may authorize a person covered by paragraph (a) of
this section to be admitted to the crew compartment of the airplane.
[Amdt. 121-67, 35 FR 14612, Sept. 18, 1970, as amended by Amdt. 121-96, 37 FR
19608, Sept. 21, 1972; Amdt. 121-159, 45 FR 41594, June 19, 1980]
Sec. 121.585 Exit seating.
(a)(1) Each certificate holder shall determine, to the extent necessary to
perform the applicable functions of paragraph (d) of this section, the
suitability of each person it permits to occupy an exit seat, in accordance
with this section. For the purpose of this section--
(i) Exit seat means--
(A) Each seat having direct access to an exit; and,
(B) Each seat in a row of seats through which passengers would have to pass
to gain access to an exit, from the first seat inboard of the exit to the
first aisle inboard of the exit.
(ii) A passenger seat having "direct access" means a seat from which a
passenger can proceed directly to the exit without entering an aisle or
passing around an obstruction.
(2) Each certificate holder shall make the passenger exit seating
determinations required by this paragraph in a non-discriminatory manner
consistent with the requirements of this section, by persons designated in
the certificate holder's required operations manual.
(3) Each certificate holder shall designate the exit seats for each
passenger seating configuration in its fleet in accordance with the
definitions in this paragraph and submit those designations for approval as
part of the procedures required to be submitted for approval under paragraphs
(n) and (p) of this section.
(b) No certificate holder may seat a person in a seat affected by this
section if the certificate holder determines that it is likely that the
person would be unable to perform one or more of the applicable functions
listed in paragraph (d) of this section because--
(1) The person lacks sufficient mobility, strength, or dexterity in both
arms and hands, and both legs:
(i) To reach upward, sideways, and downward to the location of emergency
exit and exit-slide operating mechanisms;
(ii) To grasp and push, pull, turn, or otherwise manipulate those
mechanisms;
(iii) To push, shove, pull, or otherwise open emergency exits;
(iv) To lift out, hold, deposit on nearby seats, or maneuver over the
seatbacks to the next row objects the size and weight of over-wing window
exit doors;
(v) To remove obstructions similar in size and weight to over-wing exit
doors;
(vi) To reach the emergency exit expeditiously;
(vii) To maintain balance while removing obstructions;
(viii) To exit expeditiously;
(ix) To stabilize an escape slide after deployment; or
(x) To assist others in getting off an escape slide;
(2) The person is less than 15 years of age or lacks the capacity to
perform one or more of the applicable functions listed in paragraph (d) of
this section without the assistance of an adult companion, parent, or other
relative;
(3) The person lacks the ability to read and understand instructions
required by this section and related to emergency evacuation provided by the
certificate holder in printed or graphic form or the ability to understand
oral crew commands.
(4) The person lacks sufficient visual capacity to perform one or more of
the applicable functions in paragraph (d) of this section without the
assistance of visual aids beyond contact lenses or eyeglasses;
(5) The person lacks sufficient aural capacity to hear and understand
instructions shouted by flight attendants, without assistance beyond a
hearing aid;
(6) The person lacks the ability adequately to impart information orally to
other passengers; or,
(7) The person has:
(i) A condition or responsibilities, such as caring for small children,
that might prevent the person from performing one or more of the applicable
functions listed in paragraph (d) of this section; or
(ii) A condition that might cause the person harm if he or she performs one
or more of the applicable functions listed in paragraph (d) of this section.
(c) Each passenger shall comply with instructions given by a crewmember or
other authorized employee of the certificate holder implementing exit seating
restrictions established in accordance with this section.
(d) Each certificate holder shall include on passenger information cards,
presented in the language in which briefings and oral commands are given by
the crew, at each exit seat affected by this section, information that, in
the event of an emergency in which a crewmember is not available to assist, a
passenger occupying an exit seat may use if called upon to perform the
following functions:
(1) Locate the emergency exit;
(2) Recognize the emergency exit opening mechanism;
(3) Comprehend the instructions for operating the emergency exit;
(4) Operate the emergency exit;
(5) Assess whether opening the emergency exit will increase the hazards to
which passengers may be exposed;
(6) Follow oral directions and hand signals given by a crewmember;
(7) Stow or secure the emergency exit door so that it will not impede use
of the exit;
(8) Assess the condition of an escape slide, activate the slide, and
stabilize the slide after deployment to assist others in getting off the
slide;
(9) Pass expeditiously through the emergency exit; and
(10) Assess, select, and follow a safe path away from the emergency exit.
(e) Each certificate holder shall include on passenger information cards,
at each exit seat--
(1) In the primary language in which emergency commands are given by the
crew, the selection criteria set forth in paragraph (b) of this section, and
a request that a passenger identify himself or herself to allow reseating if
he or she:
(i) Cannot meet the selection criteria set forth in paragraph (b) of this
section;
(ii) Has a nondiscernible condition that will prevent him or her from
performing the applicable functions listed in paragraph (d) of this section;
(iii) May suffer bodily harm as the result of performing one or more of
those functions; or
(iv) Does not wish to perform those functions; and
(2) In each language used by the certificate holder for passenger
information cards, a request that a passenger identify himself or herself to
allow reseating if he or she lacks the ability to read, speak, or understand
the language or the graphic form in which instructions required by this
section and related to emergency evacuation are provided by the certificate
holder, or the ability to understand the specified language in which crew
commands will be given in an emergency.
(3) May suffer bodily harm as the result of performing one or more of those
functions; or,
(4) Does not wish to perform those functions.
A certificate holder shall not require the passenger to disclose his or her
reason for needing reseating.
(f) Each certificate holder shall make available for inspection by the
public at all passenger loading gates and ticket counters at each airport
where it conducts passenger operations, written, procedures established for
making determinations in regard to exit row seating.
(g) No certificate holder may allow taxi or pushback unless at least one
required crewmember has verified that no exit seat is occupied by a person
the crewmember determines is likely to be unable to perform the applicable
functions listed in paragraph (d) of this section.
(h) Each certificate holder shall include in its passenger briefings a
reference to the passenger information cards, required by paragraphs (d) and
(e), the selection criteria set forth in paragraph (b), and the functions to
be performed, set forth in paragraph (d) of this section.
(i) Each certificate holder shall include in its passenger briefings a
request that a passenger identify himself or herself to allow reseating if he
or she--
(1) Cannot meet the selection criteria set forth in paragraph (b) of this
section;
(2) Has a nondiscernible condition that will prevent him or her from
performing the applicable functions listed in paragraph (d) of this section;
(3) May suffer bodily harm as the result of performing one or more of those
functions listed in paragraph (d) of this section; or,
(4) Does not wish to perform those functions listed in paragraph (d) of
this section.
A certificate holder shall not require the passenger to disclose his or her
reason for needing reseating.
(j) [Removed and Reserved]
(k) In the event a certificate holder determines in accordance with this
section that it is likely that a passenger assigned to an exit seat would be
unable to perform the functions listed in paragraph (d) of this section or a
passenger requests a non-exit seat, the certificate holder shall
expeditiously relocate the passenger to a non-exit seat.
(l) In the event of full booking in the non-exit seats and if necessary to
accommodate a passenger being relocated from an exit seat, the certificate
holder shall move a passenger who is willing and able to assume the
evacuation functions that may be required, to an exit seat.
(m) A certificate holder may deny transportation to any passenger under
this section only because--
(1) The passenger refuses to comply with instructions given by a crewmember
or other authorized employee of the certificate holder implementing exit
seating restrictions established in accordance with this section, or
(2) The only seat that will physically accommodate the person's handicap is
an exit seat.
(n) In order to comply with this section certificate holders shall--
(1) Establish procedures that address:
(i) The criteria listed in paragraph (b) of this section;
(ii) The functions listed in paragraph (d) of this section;
(iii) The requirements for airport information, passenger information
cards, crewmember verification of appropriate seating in exit seats,
passenger briefings, seat assignments, and denial of transportation as set
forth in this section;
(iv) How to resolve disputes arising from implementation of this section,
including identification of the certificate holder employee on the airport to
whom complaints should be addressed for resolution; and,
(2) Submit their procedures for preliminary review and approval to the
principal operations inspectors assigned to them at the FAA Flight Standards
District Offices that are charged with the overall inspection of their
operations.
(o) Certificate holders shall assign seats prior to boarding consistent
with the criteria listed in paragraph (b) and the functions listed in
paragraph (d) of this section, to the maximum extent feasible.
(p) The procedures required by paragraph (n) of this section will not
become effective until final approval is granted by the Director, Flight
Standards Service, Washington, DC. Approval will be based solely upon the
safety aspects of the certificate holder's procedures.
[Amdt. 121-214, 55 FR 8072, Mar. 6, 1990, as amended by Amdt. 121-232, 57
FR 48663, Oct. 27, 1992]
SUMMARY: The FAA is amending the exit row seating rule to: (1) Replace the
term "exit row seat" with the term "exit seat," to clarify that the rule only
affects seats that provide direct access to an exit and seats in rows through
which passengers must pass to use an exit; (2) prohibit a passenger from
sitting in an exit seat if the passenger cannot read, speak, or understand
the primary language in which emergency oral commands are given by the crew;
(3) require that passenger information cards notify passengers of this
prohibition in all of the languages used on the card for more general
evacuation information; (4) remove the requirement that exit seat information
on passenger information cards be in each language used on the card for more
general evacuation information; and (5) prohibit taxi or pushback until a
crewmember has verified that no exit is occupied by a person the crewmember
determines is unable to perform those functions required in the event of an
emergency in which a crewmember is not available to assist. These actions are
necessary to relieve burdens on both passengers and operators caused by the
restriction of more seats than is necessary in the interest of safety, to
ensure that passengers who cannot respond to emergency commands are not
seated in exit rows, and to remove unnecessarily burdensome and possibly
misleading language requirements for passenger information cards.
(a) No certificate holder may refuse transportation to a passenger on the
basis that, because the passenger may need the assistance of another person
to move expeditiously to an exit in the event of an emergency, his
transportation would or might be inimical to safety of flight unless--
(1) The certificate holder has established procedures (including reasonable
notice requirements) for the carriage of passengers who may need the
assistance of another person to move expeditiously to an exit in the event of
an emergency; and
(2) At least one of the following conditions exist:
(i) The passenger fails to comply with the notice requirements in the
certificate holder's procedures.
(ii) The passenger cannot be carried in accordance with the certificate
holder's procedures.
(b) Each certificate holder shall provide the FAA Flight Standards District
Office charged with the overall inspection of its operations with a copy of
each procedure it establishes in accordance with paragraph (a)(2) of this
section.
(c) Whenever the Administrator finds that revisions in the procedures
described in paragraph (a)(2) of this section are necessary in the interest
of safety or in the public interest, the certificate holder, after
notification by the Administrator, shall make those revisions in its
procedures. Within 30 days after the certificate holder receives such notice,
it may file a petition to reconsider the notice with the FAA Flight Standards
District Office charged with the overall inspection of the certificate
holder's operations. The filing of a petition to reconsider stays the notice
pending a decision by the Administrator. However, if the Administrator finds
that there is an emergency that requires immediate action in the interest of
safety in air commerce, he may, upon a statement of the reasons, require a
change effective without stay.
(d) Each certificate holder shall make available to the public at each
airport it serves a copy of each procedure it establishes in accordance with
paragraph (a)(1) of this section.
[Doc. No. 12881, Amdt. 121-133, 42 FR 18394, Apr. 7, 1977, as amended by
Amdt. 121-174, 46 FR 38051, July 23, 1981; Amdt. 121-207, 54 FR 39293, Sept.
25, 1989]
Sec. 121.587 Closing and locking of flight crew compartment door.
(a) Except as provided in paragraph (b) of this section, the pilot in
command of a large airplane carrying passengers shall ensure that the door
separating the flight crew compartment from the passenger compartment is
closed and locked during flight.
(b) The provisions of paragraph (a) of this section do not apply--
(1) During takeoff and landing if the crew compartment door is the means of
access to a required passenger emergency exit or a floor level exit; or
(2) At any time that it is necessary to provide access to the flight crew
or passenger compartment, to a crewmember in the performance of his duties or
for a person authorized admission to the flight crew compartment under Sec.
121.547.
[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-14, 30 FR
15655, Dec. 18, 1965]
Sec. 121.589 Carry-on baggage.
(a) No certificate holder may allow the boarding of carry-on baggage on an
airplane unless each passenger's baggage has been scanned to control the size
and amount carried on board in accordance with an approved carry-on baggage
program in its operations specifications. In addition, no passenger may board
an airplane if his/her carry-on baggage exceeds the baggage allowance
prescribed in the carry-on baggage program in the certificate holder's
operations specifications.
(b) No certificate holder may allow all passenger entry doors of an
airplane to be closed in preparation for taxi or pushback unless at least one
required crewmember has verified that each article of baggage is stowed in
accordance with this section and Sec. 121.285(c) of this part.
(c) No certificate holder may allow an airplane to take off or land unless
each article of baggage is stowed:
(1) In a suitable closet or baggage or cargo stowage compartment placarded
for its maximum weight and providing proper restraint for all baggage or
cargo stowed within, and in a manner that does not hinder the possible use of
any emergency equipment; or
(2) As provided in Sec. 121.285(c) of this part; or
(3) Under a passenger seat.
(d) Baggage, other than articles of loose clothing, may not be placed in an
overhead rack unless that rack is equipped with approved restraining devices
or doors.
(e) Each passenger must comply with instructions given by crewmembers
regarding compliance with paragraphs (a), (b), (c), (d), and (g) of this
section.
(f) Each passenger seat under which baggage is allowed to be stowed shall
be fitted with a means to prevent articles of baggage stowed under it from
sliding forward. In addition, each aisle seat shall be fitted with a means to
prevent articles of baggage stowed under it from sliding sideward into the
aisle under crash impacts severe enough to induce the ultimate inertia forces
specified in the emergency landing condition regulations under which the
airplane was type certificated.
(g) In addition to the methods of stowage in paragraph (c) of this section,
flexible travel canes carried by blind individuals may be stowed--
(1) Under any series of connected passenger seats in the same row, if the
cane does not protrude into an aisle and if the cane is flat on the floor; or
(2) Between a nonemergency exit window seat and the fuselage, if the cane
is flat on the floor; or
(3) Beneath any two nonemergency exit window seats, if the cane is flat on
the floor; or
(4) In accordance with any other method approved by the Administrator.
(a) Unless otherwise authorized by the Administrator, no air carrier, and
no pilot being used by an air carrier may, in the conduct of operations
governed by this part, operate an aircraft into a land airport in any State
of the United States, the District of Columbia, or any territory or
possession of the United States, unless that airport is certificated under
Part 139 of this chapter. However, an air carrier may designate and use as a
required alternate airport for departure or destination an airport that is
not certificated under Part 139 of this chapter.
(b) Notwithstanding Sec. 121.13 (a) and (b), the provisions of this section
apply to air carriers specified herein when conducting operations with
helicopters.
This subpart prescribes dispatching rules for domestic and flag air
carriers and flight release rules for supplemental air carriers and
commercial operators.
Sec. 121.593 Dispatching authority: Domestic air carriers.
Except when an airplane lands at an intermediate airport specified in the
original dispatch release and remains there for not more than one hour, no
person may start a flight unless an aircraft dispatcher specifically
authorizes that flight.
Sec. 121.595 Dispatching authority: Flag air carriers.
(a) No person may start a flight unless an aircraft dispatcher specifically
authorizes that flight.
(b) No person may continue a flight from an intermediate airport without
redispatch if the airplane has been on the ground more than six hours.
Sec. 121.597 Flight release authority: Supplemental air carriers and
commercial operators.
(a) No person may start a flight under a flight following system without
specific authority from the person authorized by the operator to exercise
operational control over the flight.
(b) No person may start a flight unless the pilot in command or the person
authorized by the operator to exercise operational control over the flight
has executed a flight release setting forth the conditions under which the
flights will be conducted. The pilot in command may sign the flight release
only when he and the person authorized by the operator to exercise
operational control believe that the flight can be made with safety.
(c) No person may continue a flight from an intermediate airport without a
new flight release if the aircraft has been on the ground more than six
hours.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-3, 30 FR
3639, Mar. 19, 1965]
Sec. 121.599 Familiarity with weather conditions.
(a) Domestic and flag air carriers. No aircraft dispatcher may release a
flight unless he is thoroughly familiar with reported and forecast weather
conditions on the route to be flown.
(b) Supplemental air carriers and commercial operators. No pilot in command
may begin a flight unless he is thoroughly familiar with reported and
forecast weather conditions on the route to be flown.
Sec. 121.601 Aircraft dispatcher information to pilot in command: Domestic
and flag air carriers.
(a) The aircraft dispatcher shall provide the pilot in command all
available current reports or information on airport conditions and
irregularities of navigation facilities that may affect the safety of the
flight.
(b) By December 31, 1977, before beginning a flight, the aircraft
dispatcher shall provide the pilot in command with all available weather
reports and forecasts of weather phenomena that may affect the safety of
flight, including adverse weather phenomena, such as clear air turbulence,
thunderstorms, and low altitude wind shear, for each route to be flown and
each airport to be used.
(c) During a flight, the aircraft dispatcher shall provide the pilot in
command any additional available information of meteorological conditions
(including, by December 31, 1977, adverse weather phenomena, such as clear
air turbulence, thunderstorms, and low altitude wind shear), and
irregularities of facilities and services that may affect the safety of the
flight.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-134, 42
FR 27573, May 31, 1977; Amdt. 121-144, 43 FR 22649, May 25, 1978]
Sec. 121.603 Facilities and services: Supplemental air carriers and
commercial operators.
(a) Before beginning a flight, each pilot in command shall obtain all
available current reports or information on airport conditions and
irregularities of navigation facilities that may affect the safety of the
flight.
(b) During a flight, the pilot in command shall obtain any additional
available information of meteorological conditions and irregularities of
facilities and services that may affect the safety of the flight.
Sec. 121.605 Airplane equipment.
No person may dispatch or release an airplane unless it is airworthy and is
equipped as prescribed in Sec. 121.303.
Sec. 121.607 Communication and navigation facilities: Domestic and flag air
carriers.
(a) Except as provided in paragraph (b) of this section for flag air
carriers, no person may dispatch an airplane over an approved route or route
segment unless the communication and navigation facilities required by Secs.
121.99 and 121.103 for the approval of that route or segment are in
satisfactory operating condition.
(b) If, because of technical reasons or other reasons beyond the control of
a flag air carrier, the facilities required by Secs. 121.99 and 121.103 are
not available over a route or route segment outside the United States, the
air carrier may dispatch an airplane over that route or route segment if the
pilot in command and dispatcher find that communication and navigation
facilities equal to those required are available and are in satisfactory
operating condition.
Sec. 121.609 Communication and navigation facilities: Supplemental air
carriers and commercial operators.
No person may release an aircraft over any route or route segment unless
communication and navigation facilities equal to those required by Sec.
121.121 are in satisfactory operating condition.
Sec. 121.611 Dispatch or flight release under VFR.
No person may dispatch or release an aircraft for VFR operation unless the
ceiling and visibility en route, as indicated by available weather reports or
forecasts, or any combination thereof, are and will remain at or above
applicable VFR minimums until the aircraft arrives at the airport or airports
specified in the dispatch or flight release.
Sec. 121.613 Dispatch or flight release under IFR or over the top.
Except as provided in Sec. 121.615, no person may dispatch or release an
aircraft for operations under IFR or over-the-top, unless appropriate weather
reports or forecasts, or any combination thereof, indicate that the weather
conditions will be at or above the authorized minimums at the estimated time
of arrival at the airport or airports to which dispatched or released.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 32 FR
13912, Oct. 6, 1967]
Sec. 121.615 Dispatch or flight release over water: Flag and supplemental
air carriers and commercial operators.
(a) No person may dispatch or release an aircraft for a flight that
involves extended overwater operation unless appropriate weather reports or
forecasts or any combination thereof, indicate that the weather conditions
will be at or above the authorized minimums at the estimated time of arrival
at any airport to which dispatched or released or to any required alternate
airport.
(b) Each flag and supplemental air carrier and commercial operator shall
conduct extended overwater operations under IFR unless it shows that
operating under IFR is not necessary for safety.
(c) Each flag and supplemental air carrier and commercial operator shall
conduct other overwater operations under IFR if the Administrator determines
that operation under IFR is necessary for safety.
(d) Each authorization to conduct extended overwater operations under VFR
and each requirement to conduct other overwater operations under IFR will be
specified in the air carrier's or commercial operator's operations
specifications.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 32 FR
13912, Oct. 6, 1967]
Sec. 121.617 Alternate airport for departure.
(a) If the weather conditions at the airport of takeoff are below the
landing minimums in the certificate holder's operations specifications for
that airport, no person may dispatch or release an aircraft from that airport
unless the dispatch or flight release specifies an alternate airport located
within the following distances from the airport of takeoff:
(1) Aircraft having two engines. Not more than one hour from the departure
airport at normal cruising speed in still air with one engine inoperative.
(2) Aircraft having three or more engines. Not more than two hours from the
departure airport at normal cruising speed in still air with one engine
inoperative.
(b) For the purpose of paragraph (a) of this section, the alternate airport
weather conditions must meet the requirements of the certificate holder's
operations specifications.
(c) No person may dispatch or release an aircraft from an airport unless he
lists each required alternate airport in the dispatch or flight release.
Sec. 121.619 Alternate airport for destination: IFR or over-the-top:
Domestic air carriers.
(a) No person may dispatch an airplane under IFR or over-the-top unless he
lists at least one alternate airport for each destination airport in the
dispatch release. When the weather conditions forecast for the destination
and first alternate airport are marginal at least one additional alternate
must be designated. However, no alternate airport is required if for at least
1 hour before and 1 hour after the estimated time of arrival at the
destination airport the appropriate weather reports or forecasts, or any
combination of them, indicate--
(1) The ceiling will be at least 2,000 feet above the airport elevation;
and
(2) Visibility will be at least 3 miles.
(b) For the purposes of paragraph (a) of this section, the weather
conditions at the alternate airport must meet the requirements of Sec.
121.625.
(c) No person may dispatch a flight unless he lists each required alternate
airport in the dispatch release.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-159, 45
FR 41594, June 19, 1980]
Sec. 121.621 Alternate airport for destination: Flag air carriers.
(a) No person may dispatch an airplane under IFR or over-the-top unless he
lists at least one alternate airport for each destination airport in the
dispatch release, unless--
(1) The flight is scheduled for not more than 6 hours and, for at least 1
hour before and 1 hour after the estimated time of arrival at the destination
airport, the appropriate weather reports or forecasts, or any combination of
them, indicate the ceiling will be:
(i) At least 1,500 feet above the lowest circling MDA, if a circling
approach is required and authorized for that airport; or
(ii) At least 1,500 feet above the lowest published instrument approach
minimum or 2,000 feet above the airport elevation, whichever is greater; and
(iii) The visibility at that airport will be at least 3 miles, or 2 miles
more than the lowest applicable visibility minimums, whichever is greater,
for the instrument approach procedures to be used at the destination airport;
or
(2) The flight is over a route approved without an available alternate
airport for a particular destination airport and the airplane has enough fuel
to meet the requirements of Sec. 121.641(b) or Sec. 121.645(c).
(b) For the purposes of paragraph (a) of this section, the weather
conditions at the alternate airport must meet the requirements of the air
carrier's operations specifications.
(c) No person may dispatch a flight unless he lists each required alternate
airport in the dispatch release.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-159, 45
FR 41594, June 19, 1980]
Sec. 121.623 Alternate airport for destination; IFR or over-the-top:
Supplemental air carriers and commercial operators.
(a) Except as provided in paragraph (b) of this section, each person
releasing an aircraft for operation under IFR or over-the-top shall list at
least one alternate airport for each destination airport in the flight
release.
(b) An alternate airport need not be designated for IFR or over-the-top
operations where the aircraft carries enough fuel to meet the requirements of
Secs. 121.643 and 121.645 for flights outside the 48 contiguous States and
the District of Columbia over routes without an available alternate airport
for a particular airport of destination.
(c) For the purposes of paragraph (a) of this section, the weather
requirements at the alternate airport must meet the requirements of the air
carrier's or commercial operator's operations specifications.
(d) No person may release a flight unless he lists each required alternate
airport in the flight release.
Sec. 121.625 Alternate airport weather minimums.
No person may list an airport as an alternate airport in the dispatch or
flight release unless the appropriate weather reports or forecasts, or any
combination thereof, indicate that the weather conditions will be at or above
the alternate weather minimums specified in the certificate holder's
operations specifications for that airport when the flight arrives.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 32 FR
13912, Oct. 6, 1967]
Sec. 121.627 Continuing flight in unsafe conditions.
(a) No pilot in command may allow a flight to continue toward any airport
to which it has been dispatched or released if, in the opinion of the pilot
in command or dispatcher (domestic and flag air carriers only), the flight
cannot be completed safely; unless, in the opinion of the pilot in command,
there is no safer procedure. In that event, continuation toward that airport
is an emergency situation as set forth in Sec. 121.557.
(b) If any instrument or item of equipment required under this chapter for
the particular operation becomes inoperative en route, the pilot in command
shall comply with the approved procedures for such an occurrence as specified
in the certificate holder's manual.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-222, 56
FR 12310, Mar. 22, 1991]
SUMMARY: This amendment provides for the development and use of Minimum
Equipment Lists (MEL) for certain single-engine air carrier aircraft. In
addition, this amendment revises the requirements for the use of an MEL to
make them consistent throughout the regulations. This action is needed to
provide for the implementation of MEL authorizations through the issuance of
operations specifications. The changes streamline administrative procedures
and provide greater consistency in the MEL authorization process.
Sec. 121.628 Inoperable instruments and equipment.
(a) No person may take off an airplane with inoperable instruments or
equipment installed unless the following conditions are met:
(1) An approved Minimum Equipment List exists for that airplane.
(2) The Flight Standards District Office having certification
responsibility has issued the certificate holder operations specifications
authorizing operations in accordance with an approved Minimum Equipment List.
The flight crew shall have direct access at all times prior to flight to all
of the information contained in the approved Minimum Equipment List through
printed or other means approved by the Administrator in the certificate
holders operations specifications. An approved Minimum Equipment List, as
authorized by the operations specifications, constitutes an approved change
to the type design without requiring recertification.
(3) The approved Minimum Equipment List must:
(i) Be prepared in accordance with the limitations specified in paragraph
(b) of this section.
(ii) Provide for the operation of the airplane with certain instruments and
equipment in an inoperable condition.
(4) Records identifying the inoperable instruments and equipment and the
information required by paragraph (a)(3)(ii) of this section must be
available to the pilot.
(5) The airplane is operated under all applicable conditions and
limitations contained in the Minimum Equipment List and the operations
specifications authorizing use of the Minimum Equipment List.
(b) The following instruments and equipment may not be included in the
Minimum Equipment List:
(1) Instruments and equipment that are either specifically or otherwise
required by the airworthiness requirements under which the airplane is type
certificated and which are essential for safe operations under all operating
conditions.
(2) Instruments and equipment required by an airworthiness directive to be
in operable condition unless the airworthiness directive provides otherwise.
(3) Instruments and equipment required for specific operations by this
part.
(c) Notwithstanding paragraphs (b)(1) and (b)(3) of this section, an
airplane with inoperable instruments or equipment may be operated under a
special flight permit under Secs. 21.197 and 21.199 of this chapter.
SUMMARY: This amendment provides for the development and use of Minimum
Equipment Lists (MEL) for certain single-engine air carrier aircraft. In
addition, this amendment revises the requirements for the use of an MEL to
make them consistent throughout the regulations. This action is needed to
provide for the implementation of MEL authorizations through the issuance of
operations specifications. The changes streamline administrative procedures
and provide greater consistency in the MEL authorization process.
(a) No person may dispatch or release an aircraft, continue to operate an
aircraft en route, or land an aircraft when in the opinion of the pilot in
command or aircraft dispatcher (domestic and flag air carriers only), icing
conditions are expected or met that might adversely affect the safety of the
flight.
(b) No person may take off an aircraft when frost, ice, or snow is adhering
to the wings, control surfaces, propellers, engine inlets, or other critical
surfaces of the aircraft or when the takeoff would not be in compliance with
paragraph (c) of this section. Takeoffs with frost under the wing in the area
of the fuel tanks may be authorized by the Administrator.
(c) Except as provided in paragraph (d) of this section, no person may
dispatch, release, or take off an aircraft any time conditions are such that
frost, ice, or snow may reasonably be expected to adhere to the aircraft,
unless the certificate holder has an approved ground deicing/anti-icing
program in its operations specifications and unless the dispatch, release,
and takeoff comply with that program. The approved ground deicing/anti-icing
program must include at least the following items:
(1) A detailed description of--
(i) How the certificate holder determines that conditions are such that
frost, ice, or snow may reasonably be expected to adhere to the aircraft and
that ground deicing/anti-icing operational procedures must be in effect;
(ii) Who is responsible for deciding that ground deicing/anti-icing
operational procedures must be in effect;
(iii) The procedures for implementing ground deicing/anti-icing operational
procedures;
(iv) The specific duties and responsibilities of each operational position
or group responsible for getting the aircraft safely airborne while ground
deicing/anti-icing operational procedures are in effect.
(2) Initial and annual recurrent ground training and testing for flight
crewmembers and qualification for all other affected personnel (e.g.,
aircraft dispatchers, ground crews, contract personnel) concerning the
specific requirements of the approved program and each person's
responsibilities and duties under the approved program, specifically covering
the following areas:
(i) The use of holdover times.
(ii) Aircraft deicing/anti-icing procedures, including inspection and check
procedures and responsibilities.
(iii) Communications procedures.
(iv) Aircraft surface contamination (i.e., adherence of frost, ice, or
snow) and critical area identification, and how contamination adversely
affects aircraft performance and flight characteristics.
(v) Types and characteristics of deicing/anti-icing fluids.
(vi) Cold weather preflight inspection procedures;
(vii) Techniques for recognizing contamination on the aircraft.
(3) The certificate holder's holdover timetables and the procedures for the
use of these tables by the certificate holder's personnel. Holdover time is
the estimated time deicing/anti-icing fluid will prevent the formation of
frost or ice and the accumulation of snow on the protected surfaces of an
aircraft. Holdover time begins when the final application of deicing/anti-
icing fluid commences and expires when the deicing/anti-icing fluid applied
to the aircraft loses its effectiveness. The holdover times must be supported
by data acceptable to the Administrator. The certificate holder's program
must include procedures for flight crewmembers to increase or decrease the
determined holdover time in changing conditions. The program must provide
that takeoff after exceeding any maximum holdover time in the certificate
holder's holdover timetable is permitted only when at least one of the
following conditions exists:
(i) A pretakeoff contamination check, as defined in paragraph (c)(4) of
this section, determines that the wings, control surfaces, and other critical
surfaces, as defined in the certificate holder's program, are free of frost,
ice, or snow.
(ii) It is otherwise determined by an alternate procedure approved by the
Administrator in accordance with the certificate holder's approved program
that the wings, control surfaces, and other critical surfaces, as defined in
the certificate holder's program, are free of frost, ice, or snow.
(iii) The wings, control surfaces, and other critical surfaces are redeiced
and a new holdover time is determined.
(4) Aircraft deicing/anti-icing procedures and responsibilities, pretakeoff
check procedures and responsibilities, and pretakeoff contamination check
procedures and responsibilities. A pretakeoff check is a check of the
aircraft's wings or representative aircraft surfaces for frost, ice, or snow
within the aircraft's holdover time. A pretakeoff contamination check is a
check to make sure the wings, control surfaces, and other critical surfaces,
as defined in the certificate holder's program, are free of frost, ice, and
snow. It must be conducted within five minutes prior to beginning take off.
This check must be accomplished from outside the aircraft unless the program
specifies otherwise.
(d) A certificate holder may continue to operate under this section without
a program as required in paragraph (c) of this section, if it includes in its
operations specifications a requirement that, any time conditions are such
that frost, ice, or snow may reasonably be expected to adhere to the
aircraft, no aircraft will take off unless it has been checked to ensure that
the wings, control surfaces, and other critical surfaces are free of frost,
ice, and snow. The check must occur within five minutes prior to beginning
takeoff. This check must be accomplished from outside the aircraft.
[Dkt. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-231, 57 FR
44942, Sept. 29, 1992]
SUMMARY: This amendment establishes a requirement for part 121 certificate
holders to develop an FAA-approved ground deicing/anti-icing program.
This rule is necessary because several accidents and the 1992 International
Conference on Airplane Ground Deicing indicate that, under present
procedures, the pilot in command may be unable to effectively determine
whether the aircraft's critical surfaces are free of all frost, ice, or snow
prior to attempting a takeoff.
The rule is intended to provide an added level of safety to flight
operations in adverse weather conditions. This rule and associated airport
and air traffic control procedures will provide enhanced procedures for safe
takeoffs during adverse weather conditions.
DATES: This interim final rule is effective November 1, 1992.
Sec. 121.631 Original dispatch or flight release, redispatch or amendment
of dispatch or flight release.
(a) A certificate holder may specify any regular, provisional, or refueling
airport, authorized for the type of aircraft, as a destination for the
purpose of original dispatch or release.
(b) No person may allow a flight to continue to an airport to which it has
been dispatched or released unless the weather conditions at an alternate
airport that was specified in the dispatch or flight release are forecast to
be at or above the alternate minimums specified in the operations
specifications for that airport at the time the aircraft would arrive at the
alternate airport. However, the dispatch or flight release may be amended en
route to include any alternate airport that is within the fuel range of the
aircraft as specified in Secs. 121.639 through 121.647.
(c) No person may change an original destination or alternate airport that
is specified in the original dispatch or flight release to another airport
while the aircraft is en route unless the other airport is authorized for
that type of aircraft and the appropriate requirements of Secs. 121.593
through 121.661 and 121.173 are met at the time of redispatch or amendment of
the flight release.
(d) Each person who amends a dispatch or flight release en route shall
record that amendment.
[Doc. No. 628, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-65, 35 FR
12709, Aug. 11, 1970]
Sec. 121.633 [Reserved]
Sec. 121.635 Dispatch to and from refueling or provisional airports:
Domestic and flag air carriers.
No person may dispatch an airplane to or from a refueling or provisional
airport except in accordance with the requirements of this part applicable to
dispatch from regular airports and unless that airport meets the requirements
of this part applicable to regular airports.
[Amdt. 121-144, 43 FR 22649, May 25, 1978]
Sec. 121.637 Takeoffs from unlisted and alternate airports: Domestic and
flag air carriers.
(a) No pilot may takeoff an airplane from an airport that is not listed in
the operations specifications unless--
(1) The airport and related facilities are adequate for the operation of
the airplane;
(2) He can comply with the applicable airplane operating limitations;
(3) The airplane has been dispatched according to dispatching rules
applicable to operation from an approved airport; and
(4) The weather conditions at that airport are equal to or better than the
following:
(i) Airports in the United States. The weather minimums for takeoff
prescribed in Part 97 of this chapter; or where minimums are not prescribed
for the airport, 800-2, 900-1 1/2, or 1,000-1.
(ii) Airports outside the United States. The weather minimums for takeoff
prescribed or approved by the government of the country in which the airport
is located; or where minimums are not prescribed or approved for the airport,
800-2, 900-1 1/2, or 1,000-1.
(b) No pilot may take off from an alternate airport unless the weather
conditions are at least equal to the minimums prescribed in the air carrier's
operations specifications for alternate airports.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 32 FR
13912, Oct. 6, 1967]
Sec. 121.639 Fuel supply: All operations: domestic air carriers.
No person may dispatch or take off an airplane unless it has enough fuel--
(a) To fly to the airport to which it is dispatched;
(b) Thereafter, to fly to and land at the most distant alternate airport
(where required) for the airport to which dispatched; and
(c) Thereafter, to fly for 45 minutes at normal cruising fuel consumption.
Sec. 121.641 Fuel supply: nonturbine and turbo-propeller-powered airplanes:
Flag air carriers.
(a) No person may dispatch or take off a nonturbine or turbo-propeller-
powered airplane unless, considering the wind and other weather conditions
expected, it has enough fuel--
(1) To fly to and land at the airport to which it is dispatched;
(2) Thereafter, to fly to and land at the most distant alternate airport
specified in the dispatch release; and
(3) Thereafter, to fly for 30 minutes plus 15 percent of the total time
required to fly at normal cruising fuel consumption to the airports specified
in paragraphs (a) (1) and (2) of this section or to fly for 90 minutes at
normal cruising fuel consumption, whichever is less.
(b) No person may dispatch a nonturbine or turbo-propeller-powered airplane
to an airport for which an alternate is not specified under Sec.
121.621(a)(2), unless it has enough fuel, considering wind and forecast
weather conditions, to fly to that airport and thereafter to fly for three
hours at normal cruising fuel consumption.
Sec. 121.643 Fuel supply: Nonturbine and turbo-propeller-powered airplanes;
supplemental air carriers and commercial operators.
(a) Except as provided in paragraph (b) of this section, no person may
release for flight or takeoff a nonturbine or turbo-propeller-powered
airplane unless, considering the wind and other weather conditions expected,
it has enough fuel--
(1) To fly to and land at the airport to which it is released;
(2) Thereafter, to fly to and land at the most distant alternate airport
specified in the flight release; and
(3) Thereafter, to fly for 45 minutes at normal cruising fuel consumption.
(b) If the airplane is released for any flight other than from one point in
the contiguous United States to another point in the contiguous United
States, it must carry enough fuel to meet the requirements of paragraphs (a)
(1) and (2) of this section and thereafter fly for 30 minutes plus 15 percent
of the total time required to fly at normal cruising fuel consumption to the
airports specified in paragraphs (a) (1) and (2) of this section, or to fly
for 90 minutes at normal cruising fuel consumption, whichever is less.
(c) No person may release a nonturbine or turbo-propeller-powered airplane
to an airport for which an alternate is not specified under Sec. 121.623(b),
unless it has enough fuel, considering wind and other weather conditions
expected, to fly to that airport and thereafter to fly for three hours at
normal cruising fuel consumption.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-10, 30 FR
10025, Aug. 12, 1965]
Sec. 121.645 Fuel supply: Turbine-engine powered airplanes, other than
turbo propeller; flag and supplemental air carriers and commercial
operators.
(a) Any flag air carrier operation within the 48 contiguous United States
and the District of Columbia may use the fuel requirements of Sec. 121.639.
(b) For any flag air carrier, supplemental air carrier, or commercial
operator operation outside the 48 contiguous United States and the District
of Columbia, unless authorized by the Administrator in the operations
specifications, no person may release for flight or takeoff a turbine-engine
powered airplane (other than a turbo-propeller powered airplane) unless,
considering wind and other weather conditions expected, it has enough fuel--
(1) To fly to and land at the airport to which it is released;
(2) After that, to fly for a period of 10 percent of the total time
required to fly from the airport of departure to, and land at, the airport to
which it was released;
(3) After that, to fly to and land at the most distant alternate airport
specified in the flight release, if an alternate is required; and
(4) After that, to fly for 30 minutes at holding speed at 1,500 feet above
the alternate airport (or the destination airport if no alternate is
required) under standard temperature conditions.
(c) No person may release a turbine-engine powered airplane (other than a
turbo-propeller airplane) to an airport for which an alternate is not
specified under Sec. 121.621(a)(2) or Sec. 121.623(b) unless it has enough
fuel, considering wind and other weather conditions expected, to fly to that
airport and thereafter to fly for at least two hours at normal cruising fuel
consumption.
(d) The Administrator may amend the operations specifications of a flag or
supplemental air carrier or commercial operator to require more fuel than any
of the minimums stated in paragraph (a) or (b) of this section if he finds
that additional fuel is necessary on a particular route in the interest of
safety.
(e) For a supplemental air carrier or commercial operator operation within
the 48 contiguous States and the District of Columbia with a turbine engine
powered airplane the fuel requirements of Sec. 121.643 apply.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-10, 30 FR
10025, Aug. 12, 1965; Amdt. 121-144, 43 FR 22649, May 25, 1978]
Sec. 121.647 Factors for computing fuel required.
Each person computing fuel required for the purposes of this subpart shall
consider the following:
(a) Wind and other weather conditions forecast.
(b) Anticipated traffic delays.
(c) One instrument approach and possible missed approach at destination.
(d) Any other conditions that may delay landing of the aircraft.
For the purposes of this section, required fuel is in addition to unusable
fuel.
Sec. 121.649 Takeoff and landing weather minimums: VFR: Domestic air
carriers.
(a) Except as provided in paragraph (b) of this section, regardless of any
clearance from ATC, no pilot may takeoff or land an airplane under VFR when
the reported ceiling or visibility is less than the following:
(1) For day operations--1,000-foot ceiling and one-mile visibility.
(2) For night operations--1,000-foot ceiling and two-mile visibility.
(b) Where a local surface restriction to visibility exists (e.g., smoke,
dust, blowing snow or sand) the visibility for day and night operations may
be reduced to 1/2 mile, if all turns after takeoff and prior to landing, and
all flight beyond one mile from the airport boundary can be accomplished
above or outside the area of local surface visibility restriction.
(c) The weather minimums in this section do not apply to the VFR operation
of fixed-wing aircraft in any control zone listed in Sec. 93.113 of this
chapter. The basic VFR weather minimums in Sec. 91.155 of this chapter apply
at those locations.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964 as amended by Amdt. 121-39, 33 FR
4097, Mar. 2, 1968; Amdt. 121-206, 54 FR 34331, Aug. 18, 1989]
EFFECTIVE DATE NOTE: Amdt. 121-226, 56 FR 65663, Dec. 17, 1991, revised
paragraph (c) of Sec. 121.649 effective September 16, 1993. For the
convenience of the user, the revised text is set forth as follows:
Sec. 121.649 Takeoff and landing weather minimums: VFR: Domestic air
carriers.
* * * * *
(c) The weather minimums in this section do not apply to the VFR operation
of fixed-wing aircraft at any of the locations where the special weather
minimums of Sec. 91.157 of this chapter are not applicable (See part 91,
appendix D, section 3 of this chapter). The basic VFR weather minimums of
Sec. 91.155 of this chapter apply at those locations.
SUMMARY: This final rule amends the Federal Aviation Regulations (FAR) to
adopt certain recommendations of the National Airspace Review (NAR)
concerning changes to regulations and procedures in regard to airspace
classifications. These changes are intended to: (1) Simplify airspace
designations; (2) achieve international commonality of airspace designations;
(3) increase standardization of equipment requirements for operations in
various classifications of airspace; (4) describe appropriate pilot
certificate requirements, visual flight rules (VFR) visibility and distance
from cloud rules, and air traffic services offered in each class of airspace;
and (5) satisfy the responsibilities of the United States as a member of the
International Civil Aviation Organization (ICAO). The final rule also amends
the requirement for minimum distance from clouds in certain airspace areas
and the requirements for communications with air traffic control (ATC) in
certain airspace areas; eliminates airport radar service areas (ARSAs),
control zones, and terminal control areas (TCAs) as airspace classifications;
and eliminates the term "airport traffic area." The FAA believes simplified
airspace classifications will reduce existing airspace complexity and thereby
enhance safety.
EFFECTIVE DATE: These regulations become effective September 16, 1993,
except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605, 71.607, and
71.609 and Part 75 become effective December 12, 1991, and except that
amendatory instruction number 20, Sec. 71.1, is effective as of December 17,
1991 through September 15, 1993, and that Secs. 71.11 and 71.19 become
effective October 15, 1992. The incorporation by reference of FAA Order
7400.7 in Sec. 71.1 (amendatory instruction number 20) is approved by the
Director of the Federal Register as of December 17, 1991, through September
15, 1993. The incorporation by reference of FAA Order 7400.9 in Sec. 71.1
(amendatory instruction number 24) is approved by the Director of the
Federal Register as of September 16, 1993 through September 15, 1994.
Sec. 121.651 Takeoff and landing weather minimums: IFR: All certificate
holders.
(a) Notwithstanding any clearance from ATC, no pilot may begin a takeoff in
an airplane under IFR when the weather conditions reported by the U.S.
National Weather Service, a source approved by that Service, or a source
approved by the Administrator, are less than those specified in--
(1) The certificate holder's operations specifications; or
(2) Parts 91 and 97 of this chapter, if the certificate holder's operations
specifications do not specify takeoff minimums for the airport.
(b) Except as provided in paragraph (d) of this section, no pilot may
continue an approach past the final approach fix, or where a final approach
fix is not used, begin the final approach segment of an instrument approach
procedure--
(1) At any airport, unless the U.S. National Weather Service, a source
approved by that Service, or a source approved by the Administrator, issues a
weather report for that airport; and
(2) At airports within the United States and its territories or at U.S.
military airports, unless the latest weather report for that airport issued
by the U.S. National Weather Service, a source approved by that Service, or a
source approved by the Administrator, reports the visibility to be equal to
or more than the visibility minimums prescribed for that procedure. For the
purpose of this section, the term "U.S. military airports" means airports in
foreign countries where flight operations are under the control of U.S.
military authority.
(c) If a pilot has begun the final approach segment of an instrument
approach procedure in accordance with paragraph (b) of this section and after
that receives a later weather report indicating below-minimum conditions, the
pilot may continue the approach to DH or MDA. Upon reaching DH or at MDA, and
at any time before the missed approach point, the pilot may continue the
approach below DH or MDA and touch down if--
(1) The aircraft is continuously in a position from which a descent to a
landing on the intended runway can be made at a normal rate of descent using
normal maneuvers, and where that descent rate will allow touchdown to occur
within the touchdown zone of the runway of intended landing;
(2) The flight visibility is not less than the visibility prescribed in the
standard instrument approach procedure being used;
(3) Except for Category II or Category III approaches where any necessary
visual reference requirements are specified by authorization of the
Administrator, at least one of the following visual references for the
intended runway is distinctly visable and identifiable to the pilot:
(i) The approach light system, except that the pilot may not descend below
100 feet above the touchdown zone elevation using the approach lights as a
reference unless the red terminating bars or the red side row bars are also
distinctly visible and identifiable.
(ii) The threshold.
(iii) The threshold markings.
(iv) The threshold lights.
(v) The runway end identifier lights.
(vi) The visual approach slope indicator.
(vii) The touchdown zone or touchdown zone markings.
(viii) The touchdown zone lights.
(ix) The runway or runway markings.
(x) The runway lights; and
(4) When the aircraft is on a straight-in nonprecision approach procedure
which incorporates a visual descent point, the aircraft has reached the
visual descent point, except where the aircraft is not equipped for or
capable of establishing that point, or a descent to the runway cannot be made
using normal procedures or rates of descent if descent is delayed until
reaching that point.
(d) A pilot may begin the final approach segment of an instrument approach
procedure other than a Category II or Category III procedure at an airport
when the visibility is less than the visibility minimums prescribed for that
procedure if that airport is served by a operative ILS and an operative PAR,
and both are used by the pilot. However, no pilot may operate an aircraft
below the authorized MDA, or continue an approach below the authorized DH,
unless--
(1) The aircraft is continuously in a position from which a descent to a
landing on the intended runway can be made at a normal rate of descent using
normal maneuvers and where such a descent rate will allow touchdown to occur
within the touchdown zone of the runway of intended landing;
(2) The flight visibility is not less than the visibility prescribed in the
standard instrument approach procedure being used; and
(3) Except for Category II or Category III approaches where any necessary
visual reference requirements are specified by the authorization of the
Administrator, at least one of the following visual references for the
intended runway is distinctly visible and identifiable to the pilot:
(i) The approach light system, except that the pilot may not descend below
100 feet above the touchdown zone elevation using the approach lights as a
reference unless the red terminating bars or the red side row bars are also
distinctly visible and identifiable.
(ii) The threshold.
(iii) The threshold markings.
(iv) The threshold lights.
(v) The runway end identifier lights.
(vi) The visual approach slope indicator.
(vii) The touchdown zone or touchdown zone markings.
(viii) The touchdown zone lights.
(ix) The runway or runway markings.
(x) The runway lights.
(e) For the purpose of this section, the final approach segment begins at
the final approach fix or facility prescribed in the instrument approach
procedure. When a final approach fix is not prescribed for a procedure that
includes a procedure turn, the final approach segment begins at the point
where the procedure turn is completed and the aircraft is established inbound
toward the airport on the final approach course within the distance
prescribed in the procedure.
(f) Unless otherwise authorized in the certificate holder's operations
specifications, each pilot making an IFR takeoff, approach, or landing at a
foreign airport shall comply with the applicable instrument approach
procedures and weather minimums prescribed by the authority having
jurisdiction over the airport.
[Amdt. 121-166, 46 FR 2291, Jan. 8, 1981]
Sec. 121.652 Landing weather minimums: IFR: All certificate holders.
(a) If the pilot in command of an airplane has not served 100 hours as
pilot in command in operations under this part in the type of airplane he is
operating, the MDA or DH and visibility landing minimums in the certificate
holder's operations specification for regular, provisional, or refueling
airports are increased by 100 feet and one-half mile (or the RVR equivalent).
The MDA or DH and visibility minimums need not be increased above those
applicable to the airport when used as an alternate airport, but in no event
may the landing minimums be less than 300 and 1. However, a Pilot in command
employed by an air taxi operator certificated under Sec. 135.2 of this
chapter, may credit flight time acquired in operations conducted for that
operator under part 91 in the same type airplane for up to 50 percent of the
100 hours of pilot in command experience required by this paragraph.
(b) The 100 hours of pilot in command experience required by paragraph (a)
of this section may be reduced (not to exceed 50 percent) by substituting one
landing in operations under this part in the type of airplane for 1 required
hour of pilot in command experience, if the pilot has at least 100 hours as
pilot in command of another type airplane in operations under this part.
(c) Category II minimums and the sliding scale when authorized in the
certificate holder's operations specifications do not apply until the pilot
in command subject to paragraph (a) of this section meets the requirements of
that paragraph in the type of airplane he is operating.
[Amdt. 121-43, 33 FR 10843, July 31, 1968, as amended by Amdt. 121-143, 43 FR
22642, May 25, 1978]
Sec. 121.653 [Reserved]
Sec. 121.655 Applicability of reported weather minimums.
In conducting operations under Secs. 121.649 through 121.653, the ceiling
and visibility values in the main body of the latest weather report control
for VFR and IFR takeoffs and landings and for instrument approach procedures
on all runways of an airport. However, if the latest weather report,
including an oral report from the control tower, contains a visibility value
specified as runway visibility or runway visual range for a particular runway
of an airport, that specified value controls for VFR and IFR landings and
takeoffs and straight-in instrument approaches for that runway.
Sec. 121.657 Flight altitude rules.
(a) General. Notwithstanding Sec. 91.119 or any rule applicable outside the
United States, no person may operate an aircraft below the minimums set forth
in paragraphs (b) and (c) of this section, except when necessary for takeoff
or landing, or except when, after considering the character of the terrain,
the quality and quantity of meteorological services, the navigational
facilities available, and other flight conditions, the Administrator
prescribes other minimums for any route or part of a route where he finds
that the safe conduct of the flight requires other altitudes. Outside of the
United States the minimums prescribed in this section are controlling unless
higher minimums are prescribed in the air carrier or commercial operator's
operations specifications or by the foreign country over which the aircraft
is operating.
(b) Day VFR operations. No domestic air carrier may operate a passenger-
carrying aircraft and no flag or supplemental air carrier or commercial
operator may operate any aircraft under VFR during the day at an altitude
less than 1,000 feet above the surface or less than 1,000 feet from any
mountain, hill, or other obstruction to flight.
(c) Night VFR, IFR, and over-the-top operations. No person may operate an
aircraft under IFR including over-the-top or at night under VFR at an
altitude less than 1,000 feet above the highest obstacle within a horizontal
distance of five miles from the center of the intended course, or, in
designated mountainous areas, less than 2,000 feet above the highest obstacle
within a horizontal distance of five miles from the center of the intended
course.
(d) Day over-the-top operations below minimum en route altitudes. A person
may conduct day over-the-top operations in an airplane at flight altitudes
lower than the minimum en route IFR altitudes if--
(1) The operation is conducted at least 1,000 feet above the top of lower
broken or overcast cloud cover;
(2) The top of the lower cloud cover is generally uniform and level;
(3) Flight visibility is at least five miles; and
(4) The base of any higher broken or overcast cloud cover is generally
uniform and level and is at least 1,000 feet above the minimum en route IFR
altitude for that route segment.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-144, 43
FR 22649, May 25, 1978; Amdt. 121-206, 54 FR 34331, Aug. 18, 1989]
Effective Date Note: At 54 FR 34331, August 18, 1989, Sec. 121.657(a) was
amended by changing the cross reference "Sec. 91.79" to read "Sec. 91.119",
effective August 18, 1990.
Sec. 121.659 Initial approach altitude: Domestic and supplemental air
carriers and commercial operators.
(a) Except as provided in paragraph (b) of this section, when making an
initial approach to a radio navigation facility under IFR, no person may
descend an aircraft below the pertinent minimum altitude for initial approach
(as specified in the instrument approach procedure for that facility) until
his arrival over that facility has been definitely established.
(b) When making an initial approach on a flight being conducted under Sec.
121.657(d), no pilot may commence an instrument approach until his arrival
over the radio facility has definitely been established. In making an
instrument approach under these circumstances no person may descend an
aircraft lower than 1,000 feet above the top of the lower cloud or the
minimum altitude determined by the Administrator for that part of the IFR
approach, whichever is lower.
Sec. 121.661 Initial approach altitude: Flag air carriers.
When making an initial approach to a radio navigation facility under IFR,
no person may descend below the pertinent minimum altitude for initial
approach (as specified in the instrument approach procedure for that
facility) until his arrival over that facility has been definitely
established.
Sec. 121.663 Responsibility for dispatch release: Domestic and flag air
carriers.
Each domestic and flag air carrier shall prepare a dispatch release for
each flight between specified points, based on information furnished by an
authorized aircraft dispatcher. The pilot in command and an authorized
aircraft dispatcher shall sign the release only if they both believe that the
flight can be made with safety. The aircraft dispatcher may delegate
authority to sign a release for a particular flight, but he may not delegate
his authority to dispatch.
Sec. 121.665 Load manifest.
Each certificate holder is responsible for the preparation and accuracy of
a load manifest form before each takeoff. The form must be prepared and
signed for each flight by employees of the certificate holder who have the
duty of supervising the loading of aircraft and preparing the load manifest
forms or by other qualified persons authorized by the certificate holder.
Sec. 121.667 Flight plan: VFR and IFR: Supplemental air carriers and
commercial operators.
(a) No person may take off an aircraft unless the pilot in command has
filed a flight plan, containing the appropriate information required by Part
91, with the nearest FAA communication station or appropriate military
station or, when operating outside the United States, with other appropriate
authority. However, if communications facilities are not readily available,
the pilot in command shall file the flight plan as soon as practicable after
the aircraft is airborne. A flight plan must continue in effect for all parts
of the flight.
(b) When flights are operated into military airports, the arrival or
completion notice required by Secs. 91153 and 91.169 may be filed with the
appropriate airport control tower or aeronautical communication facility used
for that airport.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964 as amended by Amdt. 121-206, 54 FR
34331, Aug. 18, 1989
Effective Date Note: At 54 FR 34331, August 18, 1989, Sec. 121.667(b) was
amended by changing the cross reference "Sec. 91.83" to read "Secs. 91.153
and 91.169", effective August 18, 1990.
This subpart prescribes requirements for the preparation and maintenance of
records and reports for all certificate holders.
Sec. 121.683 Crewmember and dispatcher record.
(a) Each certificate holder shall--
(1) Maintain current records of each crewmember, and each aircraft
dispatcher (domestic and flag air carriers only), that shows whether or not
he complies with this chapter (e.g., proficiency and route checks, airplane
and route qualifications, training, any required physical examinations, and
flight time records); and
(2) Record each action taken concerning the release from employment or
physical or professional disqualification of any flight crewmember or
aircraft dispatcher (domestic and flag air carriers only) and keep the record
for at least six months thereafter.
(b) Supplemental air carriers and commercial operators: Each supplemental
air carrier and commercial operator shall maintain the records required by
paragraph (a) of this section at its principal operations base, or at another
location used by it and approved by the Administrator.
(c) Computer record systems approved by the Administrator may be used in
complying with the requirements of paragraph (a) of this section.
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-144, 43
FR 22649, May 25, 1978]
Sec. 121.685 Aircraft record: Flag and domestic air carriers.
Each flag and domestic air carrier shall maintain a current list of each
aircraft that it operates in scheduled air transportation and shall send a
copy of the record and each change to the FAA Flight Standards District
Office charged with the overall inspection of its operations. Airplanes of
another air carrier operated under an interchange agreement may be
incorporated by reference.
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-207, 54
FR 39293, Sept. 25, 1989]
Sec. 121.687 Dispatch release: Flag and domestic air carriers.
(a) The dispatch release may be in any form but must contain at least the
following information concerning each flight:
(1) Identification number of the aircraft.
(2) Trip number.
(3) Departure airport, intermediate stops, destination airports, and
alternate airports.
(4) A statement of the type of operation (e.g., IFR, VFR).
(5) Minimum fuel supply.
(b) The dispatch release must contain, or have attached to it, weather
reports, available weather forecasts, or a combination thereof, for the
destination airport, intermediate stops, and alternate airports, that are the
latest available at the time the release is signed by the pilot in command
and dispatcher. It may include any additional available weather reports or
forecasts that the pilot in command or the aircraft dispatcher considers
necessary or desirable.
Sec. 121.689 Flight release form: Supplemental air carriers and commercial
operators.
(a) Except as provided in paragraph (c) of this section, the flight release
may be in any form but must contain at least the following information
concerning each flight:
(1) Company or organization name.
(2) Make, model, and registration number of the aircraft being used.
(3) Flight or trip number, and date of flight.
(4) Name of each flight crewmember, flight attendant, and pilot designated
as pilot in command.
(5) Departure airport, destination airports, alternate airports, and route.
(6) Minimum fuel supply (in gallons or pounds).
(7) A statement of the type of operation (e.g., IFR, VFR).
(b) The aircraft flight release must contain, or have attached to it,
weather reports, available weather forecasts, or a combination thereof, for
the destination airport, and alternate airports, that are the latest
available at the time the release is signed. It may include any additional
available weather reports or forecasts that the pilot in command considers
necessary or desirable.
(c) Each flag or domestic air carrier operating under the rules of this
part applicable to supplemental air carriers and commercial operators shall
comply with the dispatch or flight release forms required for scheduled
operations under this subpart.
Sec. 121.691 [Reserved]
Sec. 121.693 Load manifest: Air carriers and commercial operators.
The load manifest must contain the following information concerning the
loading of the airplane at takeoff time:
(a) The weight of the aircraft, fuel and oil, cargo and baggage, passengers
and crewmembers.
(b) The maximum allowable weight for that flight that must not exceed the
least of the following weights:
(1) Maximum allowable takeoff weight for the runway intended to be used
(including corrections for altitude and gradient, and wind and temperature
conditions existing at the takeoff time).
(2) Maximum takeoff weight considering anticipated fuel and oil consumption
that allows compliance with applicable en route performance limitations.
(3) Maximum takeoff weight considering anticipated fuel and oil consumption
that allows compliance with the maximum authorized design landing weight
limitations on arrival at the destination airport.
(4) Maximum takeoff weight considering anticipated fuel and oil consumption
that allows compliance with landing distance limitations on arrival at the
destination and alternate airports.
(c) The total weight computed under approved procedures.
(d) Evidence that the aircraft is loaded according to an approved schedule
that insures that the center of gravity is within approved limits.
(e) Names of passengers, unless such information is maintained by other
means by the air carrier or commercial operator.
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-159, 45
FR 41595, June 19, 1980]
Sec. 121.695 Disposition of load manifest, dispatch release, and flight
plans: Domestic and flag air carriers.
(a) The pilot in command of an airplane shall carry in the airplane to its
destination--
(1) A copy of the completed load manifest (or information from it, except
information concerning cargo and passenger distribution);
(2) A copy of the dispatch release; and
(3) A copy of the flight plan.
(b) The air carrier shall keep copies of the records required in this
section for at least three months.
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-178, 47
FR 13316, Mar. 29, 1982]
Sec. 121.697 Disposition of load manifest, flight release, and flight
plans: Supplemental air carriers and commercial operators.
(a) The pilot in command of an airplane shall carry in the airplane to its
destination the original or a signed copy of the--
(1) Load manifest;
(2) Flight release;
(3) Airworthiness release;
(4) Pilot route certification; and
(5) Flight plan.
(b) If a flight originates at the principal operations base of the air
carrier or commercial operator, it shall retain at that base a signed copy of
each document listed in paragraph (a) of this section.
(c) Except as provided in paragraph (d) of this section, if a flight
originates at a place other than the principal operations base of the air
carrier or commercial operator, the pilot in command (or another person not
aboard the airplane who is authorized by the carrier or operator) shall,
before or immediately after departure of the flight, mail signed copies of
the documents listed in paragraph (a) of this section to the principal
operations base.
(d) If a flight originates at a place other than the principal operations
base of the air carrier or commercial operator and there is at that place a
person to manage the flight departure for the air carrier or commercial
operator who does not himself depart on the airplane, signed copies of the
documents listed in paragraph (a) of this section may be retained at that
place for not more than 30 days before being sent to the principal operations
base of the air carrier or commercial operator. However, the documents for a
particular flight need not be further retained at that place or be sent to
the principal operations base, if the originals or other copies of them have
been previously returned to the principal operations base.
(e) The supplemental air carrier or commercial operator shall:
(1) Identify in its operations manual the person having custody of the
copies of documents retained in accordance with paragraph (d) of this
section; and
(2) Retain at its principal operations base either the original or a copy
of the records required by this section for at least three months.
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-123, 40
FR 44541, Sept. 29, 1975; Amdt. 121-143, 43 FR 22642, May 25, 1978; Amdt.
121-178, 47 FR 13316, Mar. 29, 1982]
Secs. 121.698-121.699 [Reserved]
Sec. 121.701 Maintenance log: Aircraft.
(a) Each person who takes action in the case of a reported or observed
failure or malfunction of an airframe, engine, propeller, or appliance that
is critical to the safety of flight shall make, or have made, a record of
that action in the airplane's maintenance log.
(b) Each certificate holder shall have an approved procedure for keeping
adequate copies of the record required in paragraph (a) of this section in
the airplane in a place readily accessible to each flight crewmember and
shall put that procedure in the certificate holder's manual.
Sec. 121.703 Mechanical reliability reports.
(a) Each certificate holder shall report the occurrence or detection of
each failure, malfunction, or defect concerning--
(1) Fires during flight and whether the related fire-warning system
functioned properly;
(2) Fires during flight not protected by a related fire-warning system;
(3) False fire warning during flight;
(4) An engine exhaust system that causes damage during flight to the
engine, adjacent structure, equipment, or components;
(5) An aircraft component that causes accumulation or circulation of smoke,
vapor, or toxic or noxious fumes in the crew compartment or passenger cabin
during flight;
(6) Engine shutdown during flight because of flameout;
(7) Engine shutdown during flight when external damage to the engine or
airplane structure occurs;
(8) Engine shutdown during flight due to foreign object ingestion or icing;
(9) Engine shutdown during flight of more than one engine;
(10) A propeller feathering system or ability of the system to control
overspeed during flight;
(11) A fuel or fuel-dumping system that affects fuel flow or causes
hazardous leakage during flight;
(12) A landing gear extension or retraction or opening or closing of
landing gear doors during flight;
(13) Brake system components that result in loss of brake actuating force
when the airplane is in motion on the ground;
(14) Aircraft structure that requires major repair;
(15) Cracks, permanent deformation, or corrosion of aircraft structures, if
more than the maximum acceptable to the manufacturer or the FAA;
(16) Aircraft components or systems that result in taking emergency actions
during flight (except action to shut down an engine); and
(17) Emergency evacuation systems or components including all exit doors,
passenger emergency evacuation lighting systems, or evacuation equipment that
are found defective, or that fail to perform the intended functions during an
actual emergency or during training, testing, maintenance, demonstrations, or
inadvertent deployments.
(b) For the purpose of this section "during flight" means the period from
the moment the aircraft leaves the surface of the earth on takeoff until it
touches down on landing.
(c) In addition to the reports required by paragraph (a) of this section,
each certificate holder shall report any other failure, malfunction, or
defect in an aircraft that occurs or is detected at any time if, in its
opinion, that failure, malfunction, or defect has endangered or may endanger
the safe operation of an aircraft used by it.
(d) Each certificate holder shall send each report required by this
section, in writing, covering each 24-hour period beginning at 0900 local
time of each day and ending at 0900 local time on the next day, to the FAA
Flight Standards District Office charged with the overall inspection of the
certificate holder. Each report of occurrences during a 24-hour period must
be mailed or delivered to that office within the next 72 hours. However, a
report that is due on Saturday or Sunday may be mailed or delivered on the
following Monday, and one that is due on a holiday may be mailed or delivered
on the next work day.
(e) The certificate holder shall transmit the reports required by this
section in a manner and on a form that is convenient to its system of
communication and procedure, and shall include in the first daily report as
much of the following as is available:
(1) Type and identification number of the aircraft.
(2) The name of the operator.
(3) The date, flight number, and stage during which the incident occurred
(e.g., preflight, takeoff, climb, cruise, desent landing, and inspection).
(4) The emergency procedure effected (e.g., unscheduled landing and
emergency descent).
(5) The nature of the failure, malfunction, or defect.
(6) Identification of the part and system involved, including available
information pertaining to type designation of the major component and time
since overhaul.
(7) Apparent cause of the failure, malfunction, or defect (e.g., wear,
crack, design deficiency, or personnel error).
(8) Whether the part was repaired, replaced, sent to the manufacturer, or
other action taken.
(9) Whether the aircraft was grounded.
(10) Other pertinent information necessary for more complete
identification, determination of seriousness, or corrective action.
(f) A certificate holder that is also the holder of a Type Certificate
(including a Supplemental Type Certificate), a Parts Manufacturer Approval
(PMA), or a TSO authorization, or that is the licensee of a Type Certificate,
need not report a failure, malfunction, or defect under this section if the
failure, malfunction, or defect has been reported by it under Sec. 21.3 of
this chapter or Sec. 37.17 of this chapter or under the accident reporting
provisions of Part 830 of the regulations of the National Transportation
Safety Board.
(g) No person may withhold a report required by this section even though
all information required in this section is not available.
(h) When certificate holder gets additional information, including
information from the manufacturer or other agency, concerning a report
required by this section, it shall expeditiously submit it as a supplement to
the first report and reference the date and place of submission of the first
report.
Sec. 121.705 Mechanical interruption summary report.
Each certificate holder shall regularly and promptly send a summary report
on the following occurrences to the Administrator:
(a) Each interruption to a flight, unscheduled change of aircraft en route,
or unscheduled stop or diversion from a route, caused by known or suspected
mechanical difficulties or malfunctions that are not required to be reported
under Sec. 121.703.
(b) The number of engines removed prematurely because of malfunction,
failure or defect, listed by make and model and the aircraft type in which it
was installed.
(c) The number of propeller featherings in flight, listed by type of
propeller and engine and aircraft on which it was installed. Propeller
featherings for training, demonstration, or flight check purposes need not be
reported.
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-10, 30 FR
10025, Aug. 12, 1965]
Sec. 121.707 Alteration and repair reports.
(a) Each certificate holder shall, promptly upon its completion, prepare a
report of each major alteration or major repair of an airframe, aircraft
engine, propeller, or appliance of an aircraft operated by it.
(b) The certificate holder shall submit a copy of each report of a major
alteration to, and shall keep a copy of each report of a major repair
available for inspection by, the representative of the Administrator who is
assigned to it.
Sec. 121.709 Airworthiness release or aircraft log entry.
(a) No certificate holder may operate an aircraft after maintenance,
preventive maintenance or alterations are performed on the aircraft unless
the certificate holder, or the person with whom the certificate holder
arranges for the performance of the maintenance, preventive maintenance, or
alterations, prepares or causes to be prepared--
(1) An airworthiness release; or
(2) An appropriate entry in the aircraft log.
(b) The airworthiness release or log entry required by paragraph (a) of
this section must--
(1) Be prepared in accordance with the procedures set forth in the
certificate holder's manual;
(2) Include a certification that--
(i) The work was performed in accordance with the requirements of the
certificate holder's manual;
(ii) All items required to be inspected were inspected by an authorized
person who determined that the work was satisfactorily completed;
(iii) No known condition exists that would make the airplane unairworthy;
and
(iv) So far as the work performed is concerned, the aircraft is in
condition for safe operation; and
(3) Be signed by an authorized certificated mechanic or repairman except
that a certificated repairman may sign the release or entry only for the work
for which he is employed and certificated.
Notwithstanding paragraph (b)(3) of this section, after maintenance,
preventive maintenance, or alterations performed by a repair station
certificated under the provisions of Subpart C of Part 145, the airworthiness
release or log entry required by paragraph (a) of this section may be signed
by a person authorized by that repair station.
(c) When an airworthiness release form is prepared the certificate holder
must give a copy to the pilot in command and must keep a record thereof for
at least two months.
(d) Instead of restating each of the conditions of the certification
required by paragraph (b) of this section, the air carrier may state in its
manual that the signature of an authorized certificated mechanic or repairman
constitutes that certification.
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-6, 30 FR
6432, May 8, 1965; Amdt. 121-21, 31 FR 10613, Aug. 9, 1966]
Sec. 121.711 Communication records: Domestic and flag air carriers.
Each domestic and flag air carrier shall record each en route radio contact
between the air carrier and its pilots and shall keep that record for at
least 30 days.
Sec. 121.713 Retention of contracts and amendments: Commercial operator.
Each commercial operator shall keep a copy of each written contract under
which it provides services as a commercial operator for a period of at least
one year after the date of execution of the contract. In the case of an oral
contract, it shall keep a memorandum stating its elements, and of any
amendments to it, for a period of at least one year after the execution of
that contract or change.
Sec. 121.715 In-flight medical emergency reports.
(a) For a period of 24 months commencing with the effective date of this
rule, each certificate holder shall maintain records on each medical
emergency occurring during flight time resulting in use of the emergency
medical kit required under Appendix A, diversion of the aircraft, or death of
a passenger or crewmember. These records shall include a description of how
the medical kit was used, by whom, and the outcome of the medical emergency.
(b) The certificate holder shall submit these records, or a summary
thereof, to its assigned FAA Principal Operations Inspector within 30 days
after the end of each 12-month period during the 24 months specified in
paragraph (a).
This subpart describes the certificates that are issued to United States
citizens who are employed by air carriers or commercial operators as flight
crewmembers or crewmembers on United States registered aircraft engaged in
international air commerce. The purpose of the certificate is to facilitate
the entry and clearance of those crewmembers into ICAO contracting states.
They are issued under Annex 9, as amended, to the Convention on International
Civil Aviation.
[Docket No. 6258, 29 FR 19228, Dec. 31, 1964]
Sec. 121.723 Application and issue.
(a) Application for a crewmember certificate is made on form FAA-2116
"Application for Crewmember Certificate," and submitted to the nearest Flight
Standards District Office. The certificate is issued on form FAA-2116.1
"Crewmember Certificate."
(b) The holder of a certificate issued under this subpart, or the air
carrier or commercial operator by whom the holder is employed, shall
surrender the certificate for cancellation at the nearest Flight Standards
District Office, or submit it for cancellation to the Airman Certification
Branch, Avn-460, P.O. Box 25082, Oklahoma City, Okla. 73125, at the
termination of the holder's employment with that carrier or operator.
[Amdt. 121-143, 43 FR 22642, May 25, 1978, as amended by Amdt. 121-207, 54 FR
39293, Sept. 25, 1989]
Appendix A to Part 121--First-Aid Kits and Emergency Medical Kits
First-Aid Kits
Approved first-aid kits required by Sec. 121.309 must meet the following
specifications and requirements:
(1) Each first-aid kit must be dust and moisture proof, and contain only
materials that either meet Federal Specification GG-K-391a, as revised, or
are approved.
(2) Required first-aid kits must be distributed as evenly as practicable
throughout the aircraft and be readily accessible to the cabin flight
attendants.
(3) The minimum number of first-aid kits required is set forth in the
following table:
No. of
No. of first-
passenger aid
seats kits
0-50 1
51-150 2
151-250 3
More than 250 4
(4) Except as provided in paragraph (5), each first-aid kit must contain at
least the following or other approved contents:
(5) Arm and leg splints which do not fit within a first-aid kit may be
stowed in a readily accessible location that is as near as practicable to the
kit.
Emergency Medical Kits
The approved emergency medical kit required by Sec. 121.309 for passenger
flights must meet the following specifications and requirements:
(1) Approved emergency medical equipment shall be stored securely so as to
keep it free from dust, moisture, and damaging temperatures.
(2) One approved emergency medical kit shall be provided for each aircraft
during each passenger flight and shall be located so as to be readily
accessible to crewmembers.
(3) The approved emergency medical kit must contain, as a minimum, the
following appropriately maintained contents in the specified quantities:
Contents Quantity
Sphygmomanometer 1
Stethoscope 1
Airways, oropharyngeal (3 sizes) 3
Syringes (sizes necessary to administer required drugs) 4
Needles (sizes necessary to administer required drugs) 6
50% Dextrose injection, 50cc 1
Epinephrine 1:1000, single dose ampule or equivalent 2
Diphenhydramine HCl injection, single dose ampule or equivalent 2
Nitroglycerin tablets 10
Basic Instructions for use of the drugs in the kit 1
SUMMARY: This amendment revises the regulations concerning first aid kits
required on board air carrier, air taxi, and commercial aircraft to remove
the burn compound from the list of items required for the kits. This
amendment responds to a petition from Air Transport Association, supported by
the American Red Cross, that the burn compound be removed from the kits since
the use of ice or cold water is the preferred treatment for minor burns. This
amendment will relieve affected operators from the expense of having to
periodically replace an item in the first aid kits that is not needed.
Appendix B to Part 121--Airplane Flight Recorder Specification
Accuracy
sensor input Sampling
to DFDR interval (per Resolution /4/
Parameters Range readout second) readout
Time (GMT or 24 Hrs +/-0.125% Per 0.25 (1 per 4 1 sec.
Frame Hour seconds)
Counter)
(range 0 to
4095, sampled
1 per frame)
Altitude -1,000 ft to +/-100 to +/- 1 5' to 35' /1/
max 700 ft (See
certificated Table 1,
altitude of TSO-C51a)
aircraft
Airspeed 50 KIAS to V +/-5%, +/-3% 1 1 kt.
so, and V so
to 1.2 VD
Heading 360 deg. +/-2 deg. 1 0.5 deg.
Normal -3g to +6g +/-1% of max 8 0.01g.
Acceleration range
(Vertical) excluding
datum error
of +/-5%
Pitch Attitude +/-75 deg. +/-2 deg. 1 0.5 deg.
Roll Attitude +/-180 deg. +/-2 deg. 1 0.5 deg.
Radio On-Off +/-2% +/-2%
Transmitter (Discrete)
Keying
Thrust/Power Full Range +/-2 deg. 1 (per 0.2% /2/
on Each Forward engine)
Engine
Trailing Edge Full Range or +/-3 deg. or 0.5 0.5% /2/
Flap or Each as Pilot's
Cockpit Discrete Indicator
Control Position
Selection
Leading Edge Full Range or +/-3 deg. or 0.5 0.5% /2/
Flap or Each as Pilot's
Cockpit Discrete Indicator
Control Position
Selection
Thrust Stowed, In 1 (per 4
Reverser Transit, and seconds per
Position Reverse engine)
(Discrete)
Ground Spoiler Full Range or +/-2% Unless 1 0.2% /2/.
Position/ Each Higher
Speed Brake Discrete Accuracy
Selection Position Uniquely
Required
Marker Beacon Discrete 1
Passage
Autopilot Discrete 1
Engagement
Longitudinal +/-1g +/-1.5% max 4 0.01g.
Acceleration range
excluding
datum error
of +/-5%
Pilot Input Full Range +/-2 deg. 1 0.2% /2/.
and/or Unless
Surface Higher
Position-- Accuracy
Primary Uniquely
Controls Required
(Pitch, Roll,
Yaw) /3/
Lateral +/-1g +/-1.5% max 4 0.01g.
Acceleration range
excluding
datum error
of +/-5%
Pitch Trim Full Range +/-3% Unless 1 0.3% /2/.
Position Higher
Accuracy
Uniquely
Required
Glideslope +/-400 +/-3% 1 0.3% /2/.
Deviation Microamps
Localizer +/-400 +/-3% 1 0.3% /2/.
Deviation Microamps
AFCS Mode and Discrete 1
Engagement
Status
Radio Altitude -20 ft to +/-2 Ft or 1 1 ft + 5% /2/
2,500 ft +/-3% above 500'.
Whichever is
Greater
Below 500 Ft
and +/-5%
Above 500 Ft
Master Warning Discrete 1
Main Gear Discrete 1
Squat Switch
Status
Angle of As installed As installed 2 0.3% /2/
Attack (if
recorded
directly).
Outside Air -50 deg.C to +/-2 deg.c 0.5 0.3 deg.c
Temperature +90 deg.C
or Total Air
Temperature.
Hydraulics, Discrete 0.5 or 0.5% /2/
Each System
Low Pressure
Groundspeed. As installed Most Accurate 1 0.2% /2/
Systems
Installed
(IMS
Equipped
Aircraft
Only)
If additional recording capacity is available, recording of the following
parameters is recommended. The parameters are listed in order of
significance:
Drift Angle When As installed 4
available,
As installed
Wind Speed and When As installed 4
Direction available,
As installed
Latitude and When As installed 4
Longitude available,
As installed
Brake As installed As installed 1
pressure/
Brake pedal
position
Additional
engine
parameters:
EPR As installed As installed 1 (per
engine).
N1 As installed As installed 1 (per
engine).
N2 As installed As installed 1 (per
engine).
EGT As installed As installed 1 (per
engine).
Throttle Lever As installed As installed 1 (per
Position engine).
Fuel Flow As installed As installed 1 (per
engine).
TCAS:
TA As installed As installed 1
RA As installed As installed 1
Sensitivity As installed As installed 2
level (as
selected by
crew)
GPWS (ground Discrete 1
proximity
warning
system)
Landing gear Discrete 0.25 (1 per 4
or gear seconds)
selector
position
DME 1 and 2 0-200 NM; As installed 0.25 1 mi.
Distance
Nav 1 and 2 Full range As installed 0.25
Frequency
Selection
/1/ When altitude rate is recorded. Altitude rate must have sufficient
resolution and sampling to permit the derivation of altitude to 5 feet.
/2/ Per cent of full range.
/3/ For airplanes that can demonstrate the capability of deriving either the
control input on control movement (one from the other) for all modes of
operation and flight regimes, the "or" applies. For airplanes with non-
mechanical control systems (fly-by-wire) the "and" applies. In airplanes with
split surfaces, suitable combination of inputs is acceptable in lieu of
recording each surface separately.
/4/ This column applies to aircraft manufactured after October 11, 1991.
[Doc. No. 25530, Amdt. 121-197, 53 FR 26147, July 11, 1988; 53 FR 30906, Aug.
16, 1988]
Appendix C to Part 121--C-46 Nontransport Category Airplanes
Cargo Operations
1. Required engines. (a) Except as provided in paragraph (b) of this
section, the engines specified in subparagraphs (1) or (2) of this section
must be installed in C-46 nontransport category airplanes operated at gross
weights exceeding 45,000 pounds:
(1) Pratt and Whitney R2800-51-M1 or R2800-75-M1 engines (engines converted
from basic model R2800-51 or R2800-75 engines in accordance with FAA approved
data) that--
(i) Conform to Engine Specification 5E-8;
(ii) Conform to the applicable portions of the operator's manual;
(iii) Comply with all the applicable airworthiness directives; and
(iv) Are equipped with high capacity oil pump drive gears in accordance
with FAA approved data.
(2) Other engines found acceptable by the FAA Regional Flight Standards
Division having type certification responsibility for the C-46 airplane.
(b) Upon application by an operator conducting cargo operations with
nontransport category C-46 airplanes between points within the State of
Alaska, the appropriate FAA Flight Standards District Office, Alaskan Region,
may authorize the operation of such airplanes, between points within the
State of Alaska; without compliance with paragraph (a) of this section if the
operator shows that, in its area of operation, installation of the modified
engines is not necessary to provide adequate cooling for single-engine
operations. Such authorization and any conditions or limitations therefor is
made a part of the Operations Specifications of the operator.
2. Minimum acceptable means of complying with the special airworthiness
requirements. Unless otherwise authorized under Sec. 121.213, the data set
forth in Secs. 3 through 34 of this appendix, as correlated to the C-46
nontransport category airplane, is the minimum means of compliance with the
special airworthiness requirements of Secs. 121.215 through 121.281.
3. Susceptibility of material to fire. [Deleted as unnecessary]
4. Cabin interiors. C-46 crew compartments must meet all the requirements
of Sec. 121.215, and, as required in Sec. 121.221, the door between the crew
compartment and main cabin (cargo) compartment must be flame resistant.
5. Internal doors. Internal doors, including the crew to main cabin door,
must meet all the requirements of Sec. 121.217.
6. Ventilation. Standard C-46 crew compartments meet the ventilation
requirements of Sec. 121.219 if a means of ventilation for controlling the
flow of air is available between the crew compartment and main cabin. The
ventilation requirement may be met by use of a door between the crew
compartment and main cabin. The door need not have louvers installed;
however, if louvers are installed, they must be controllable.
7. Fire precautions. Compliance is required with all the provisions of Sec.
121.221.
(a) In establishing compliance with this section, the C-46 main cabin is
considered as a Class A compartment if--
(1) The operator utilizes a standard system of cargo loading and tiedown
that allows easy access in flight to all cargo in such compartment, and, such
system is included in the appropriate portion of the operator's manual; and
(2) A cargo barrier is installed in the forward end of the main cabin cargo
compartment. The barrier must--
(i) Establish the most forward location beyond which cargo cannot be
carried;
(ii) Protect the components and systems of the airplane that are essential
to its safe operation from cargo damage; and
(iii) Permit easy access, in flight, to cargo in the main cabin cargo
compartment.
The barrier may be a cargo net or a network of steel cables or other means
acceptable to the Administrator which would provide equivalent protection to
that of a cargo net. The Barrier need not meet crash load requirements of FAR
Sec. 25.561; however, it must be attached to the cargo retention fittings and
provide the degree of cargo retention that is required by the operators'
standard system of cargo loading and tiedown.
(b) C-46 forward and aft baggage compartments must meet, as a minimum,
Class B requirements of this section or be placarded in a manner to preclude
their use as cargo or baggage compartments.
8. Proof of compliance. The demonstration of compliance required by Sec.
121.223 is not required for C-46 airplanes in which--
(1) The main cabin conforms to Class A cargo compartment requirements of
Sec. 121.219; and
(2) Forward and aft baggage compartments conform to Class B requirements of
Sec. 121.221, or are placarded to preclude their use as cargo or baggage
compartments.
9. Propeller deicing fluid. No change from the requirements of Sec.
121.225. Isopropyl alcohol is a combustible fluid within the meaning of this
section.
10. Pressure cross-feed arrangements, location of fuel tanks, and fuel
system lines and fittings. C-46 fuel systems which conform to all applicable
Curtiss design specifications and which comply with the FAA type
certification requirements are in compliance with the provisions of Secs.
121.227 through 121.231.
11. Fuel lines and fittings in designated fire zones. No change from the
requirements of Sec. 121.233.
12. Fuel valves. Compliance is required with all the provisions of Sec.
121.235. Compliance can be established by showing that the fuel system
conforms to all the applicable Curtiss design specifications, the FAA type
certification requirements, and, in addition, has explosion-proof fuel
booster pump electrical selector switches installed in lieu of the open
contact type used originally.
13. Oil lines and fittings in designated fire zones. No change from the
requirements of Sec. 121.237.
14. Oil valves. C-46 oil shutoff valves must conform to the requirements of
Sec. 121.239. In addition, C-46 airplanes using Hamilton Standard propellers
must provide, by use of stand pipes in the engine oil tanks or other approved
means, a positive source of oil for feathering each propeller.
15. Oil system drains. The standard C-46 "Y" drains installed in the main
oil inlet line for each engine meet the requirements of Sec. 121.241.
16. Engine breather line. The standard C-46 engine breather line
installation meets the requirements of Sec. 121.243 if the lower breather
lines actually extend to the trailing edge of the oil cooler air exit duct.
17. Firewalls and firewall construction. Compliance is required with all of
the provisions of Secs. 121.245 and 121.247. The following requirements must
be met in showing compliance with these sections:
(a) Engine compartment. The engine firewalls of the C-46 airplane must--
(1) Conform to type design, and all applicable airworthiness directives;
(2) Be constructed of stainless steel or approved equivalent; and
(3) Have fireproof shields over the fairleads used for the engine control
cables that pass through each firewall.
(b) Combustion heater compartment. C-46 airplanes must have a combustion
heater fire extinguishing system which complies with AD-49-18-1 or an FAA
approved equivalent.
18. Cowling. Standard C-46 engine cowling (cowling of aluminum construction
employing stainless steel exhaust shrouds) which conforms to the type design
and cowling configurations which conform to the C-46 transport category
requirements meet the requirements of Sec. 121.249.
19. Engine accessory section diaphragm. C-46 engine nacelles which conform
to the C-46 transport category requirements meet the requirements of Sec.
121.251. As provided for in that section, a means of equivalent protection
which does not require provision of a diaphragm to isolate the engine power
section and exhaust system from the engine accessory compartment is the
designation of the entire engine compartment forward of and including the
firewall as a designated fire zone, and the installation of adequate fire
detection and fire extinguishing systems which meet the requirements of Sec.
121.263 and Sec. 121.273, respectively, in such zone.
20. Powerplant fire protection. C-46 engine compartments and combustion
heater compartments are considered as designated fire zones within the
meaning of Sec. 121.253.
21. Flammable fluids--
(a) Engine compartment. C-46 engine compartments which conform to the type
design and which comply with all applicable airworthiness directives meet the
requirements of Sec. 121.255.
(b) Combustion heater compartment. C-46 combustion heater compartments
which conform to type design and which meet all the requirements of AD-49-18-
1 or an FAA approved equivalent meet the requirements of Sec. 121.255.
22. Shutoff means--
(a) Engine compartment. C-46 engine compartments which comply with AD-62-
10-2 or FAA approved equivalent meet the requirements of Sec. 121.257
applicable to engine compartments, if, in addition, a means satisfactory to
the Administrator is provided to shut off the flow of hydraulic fluid to the
cowl flap cylinder in each engine nacelle. The shutoff means must be located
aft of the engine firewall. The operator's manual must include, in the
emergency portion, adequate instructions for proper operation of the
additional shutoff means to assure correct sequential positioning of engine
cowl flaps under emergency conditions. In accordance with Sec. 121.315, this
positioning must also be incorporated in the emergency section of the pilot's
checklist.
(b) Combustion heater compartment. C-46 heater compartments which comply
with paragraph (5) of AD-49-18-1 or FAA approved equivalent meet the
requirements of Sec. 121.257 applicable to heater compartments if, in
addition, a shutoff valve located above the main cabin floor level is
installed in the alcohol supply line or lines between the alcohol supply tank
and those alcohol pumps located under the main cabin floor. If all of the
alcohol pumps are located above the main cabin floor, the alcohol shutoff
valve need not be installed. In complying with paragraph (5) of AD-49-18-1, a
fail-safe electric fuel shutoff valve may be used in lieu of the manually
operated valve.
23. Lines and fittings.--(a) Engine compartment. C-46 engine compartments
which comply with all applicable airworthiness directives, including AD-62-
10-2, by using FAA approved fire-resistant lines, hoses, and end fittings,
and engine compartments which meet the C-46 transport category requirements,
meet the requirements of Sec. 121.259.
(b) Combustion heater compartments All lines, hoses, and end fittings, and
couplings which carry fuel to the heaters and heater controls, must be of FAA
approved fire-resistant construction.
24. Vent and drain lines.--(a) Enginecompartment. C-46 engine compartments
meet the requirements of Sec. 121.261 if--
(1) The compartments conform to type design and comply with all applicable
airworthiness directives or FAA approved equivalent; and
(2) Drain lines from supercharger case, engine-driven fuel pump, and
engine-driven hydraulic pump reach into the scupper drain located in the
lower cowling segment.
(b) Combustion heater compartment. C-46 heater compartments meet the
requirements of Sec. 121.261 if they conform to AD-49-18-1 or FAA approved
equivalent.
25. Fire-extinguishing system. (a) To meet the requirements of Sec.
121.263, C-46 airplanes must have installed fire extinguishing systems to
serve all designated fire zones. The fire-extinguishing systems, the quantity
of extinguishing agent, and the rate of discharge shall be such as to provide
a minimum of one adequate discharge for each designated fire zone. Compliance
with this provision requires the installation of a separate fire extinguisher
for each engine compartment. Insofar as the engine compartment is concerned,
the system shall be capable of protecting the entire compartment against the
various types of fires likely to occur in the compartment.
(b) Fire-extinguishing systems which conform to the C-46 transport category
requirements meet the requirements set forth in paragraph (a). Furthermore,
fire-extinguishing systems for combustion heater compartments which conform
to the requirements of AD-49-18-1 or an FAA approved equivalent also meet the
requirements in paragraph (a).
In addition, a fire-extinguishing system for C-46 airplanes meets the
adequacy requirement of paragraph (a) if it provides the same or equivalent
protection to that demonstrated by the CAA in tests conducted in 1941 and
1942, using a CW-20 type engine nacelle (without diaphragm). These tests were
conducted at the Bureau of Standards facilities in Washington, D.C., and
copies of the test reports are available through the FAA Regional Engineering
Offices. In this connection, the flow rates and distribution of extinguishing
agent substantiated in American Airmotive Report No. 128-52-d, FAA approved
February 9, 1953, provides protection equivalent to that demonstrated by the
CAA in the CW-20 tests. In evaluating any C-46 fire-extinguishing system with
respect to the aforementioned CW-20 tests, the Administration would require
data in a narrative form, utilizing drawings or photographs to show at least
the following:
Installation of containers; installation and routing of plumbing; type,
number, and location of outlets or nozzles; type, total volume, and
distribution of extinguishing agent; length of time required for discharging;
means for thermal relief, including type and location of discharge
indicators; means of discharging, e.g., mechanical cutterheads, electric
cartridge, or other method; and whether a one- or two-shot system is used;
and if the latter is used, means of cross-feeding or otherwise selecting
distribution of extinguishing agent; and types of materials used in makeup of
plumbing.
High rate discharge (HRD) systems using agents such as
bromotrifluoromethane, dibrodifluoromethane and chlorobromomethane (CB), may
also meet the requirements of paragraph (a).
26. Fire-extinguishing agents, Extinguishing agent container pressure
relief, Extinguishing agent container compartment temperatures, and Fire-
extinguishing system materials. No change from the requirements of Secs.
121.265 through 121.271.
27. Fire-detector system. Compliance with the requirements of Sec. 121.273
requires that C-46 fire detector systems conform to:
(a) AD-62-10-2 or FAA approved equivalent for engine compartments; and
(b) AD-49-18-1 or FAA approved equivalent for combustion heater
compartments
28. Fire detectors. No change from the requirements of Sec. 121.275.
29. Protection of other airplane components against fire. To meet the
requirements of Sec. 121.277, C-46 airplanes must--
(a) Conform to the type design and all applicable airworthiness directives;
and
(b) Be modified or have operational procedures established to provide
additional fire protection for the wheel well door aft of each engine
compartment. Modifications may consist of improvements in sealing of the main
landing gear wheel well doors. An operational procedure which is acceptable
to the Agency is one requiring the landing gear control to be placed in the
up position in case of in-flight engine fire. In accordance with Sec.
121.315, such procedure must be set forth in the emergency portion of the
operator's emergency checklist pertaining to in-flight engine fire.
30. Control of engine rotation. C-46 propeller feathering systems which
conform to the type design and all applicable airworthiness directives meet
the requirements of Sec. 121.279.
31. Fuel system independence. C-46 fuel systems which conform to the type
design and all applicable airworthiness directives meet the requirements of
Sec. 121.281.
32. Induction system ice prevention. The C-46 carburetor anti-icing system
which conforms to the type design and all applicable airworthiness directives
meets the requirements of Sec. 121.283.
33. Carriage of cargo in passenger compartments. Section 121.285 is not
applicable to nontransport category C-46 cargo airplanes.
34. Carriage of cargo in cargo compartments. A standard cargo loading and
tiedown arrangement set forth in the operator's manual and found acceptable
to the Administrator must be used in complying with Sec. 121.287.
35. Performance data. Performance data on Curtiss model C-46 airplane
certificated for maximum weight of 45,000 and 48,000 pounds for cargo-only
operations.
1. The following performance limitation data, applicable to the Curtiss
model C-46 airplane for cargo-only operation, must be used in determining
compliance with Secs. 121.199 through 121.205. These data are presented in
the tables and figures of this appendix.
Table 1--Takeoff Limitations
(a) Curtiss C-46 certificated for maximum weight of 45,000 pounds.
(1) "Effective length" of runway required when effective length is
determined in accordance with Sec. 121.171 (distance to accelerate to 93
knots TIAS and stop, with zero wind and zero gradient). (Factor=1.00)
[Distance in feet]
Airplane weight in
pounds
Standard
altitude 45,000
in feet 39,000 42,000 /1/
/1/ Ref. Fig. 1(a)(1) for weight and
distance for altitudes above 7,000'.
(2) Actual length of runway required when "effective length," considering
obstacles, is not determined (distance to accelerate to 93 knots TIAS and
stop, divided by the factor 0.85).
[Distance in feet]
Airplane weight in
pounds
Standard
altitude 45,000
in feet 39,000 42,000 /1/
/1/ Ref. Fig. 1(a)(2) for weight and
distance for altitudes above 7,000'.
(b) Curtiss C-46 certificated for maximum weight 48,000 pounds.
(1) "Effective length" of runway required when effective length is
determined in accordance with Sec. 121.171 (distance to accelerate to 93
knots TIAS and stop, with zero wind and zero gradient). (Factor=1.00)
[Distance in feet]
Airplane weight in pounds
Standard
altitude 48,000
in feet 39,000 42,000 45,000 /1/
/1/ Ref. Fig. 1(b)(1) for weight and
distance for altitudes above 6,000'.
(2) Actual length of runway required when "effective length," considering
obstacles, is not determined (distance to accelerate to 93 knots TIAS and
stop, divided by the factor 0.85).
[Distance in feet]
Airplane weight in pounds
Standard
altitude 48,000
in feet 39,000 42,000 45,000 /1/
/1/ Highest altitude of terrain over
which airplanes may be operated in
compliance with Sec. 121.201.
Ref. Fig. 2(a).
(b) Curtiss model C-46 certificated for maximum weight of 48,000 pounds or
with engine installation approved for 2,550 revolutions per minute (1,700
brake horsepower). Maximum continuous power in low blower (based on a climb
speed of 113 knots (TIAS)).
/1/ Highest altitude of terrain over
which airplanes may be operated in
compliance with Sec. 121.201.
Ref. Fig. 2(b).
Table 3--Landing Limitations
(a) Intended Destination.
"Effective length" of runway required for intended destination when
effective length is determined in accordance with Sec. 121.171 with zero wind
and zero gradient.
(1) Curtiss model C-46 certificated for maximum weight of 45,000 pounds.
(0.60 factor)
Distance in feet
Airplane weight in pounds and approach speeds /1/
in knots
Standard
altitude
in feet 40,000 V50 42,000 V50 44,000 V50 45,000 V50
/1/ For use with Curtiss model C-46 airplanes when approved
for this weight.
/2/ Steady approach speed through 50 height knots TIAS
denoted by symbol V503.
Ref. Fig. 3(a)(2).
(b) Alternate Airports.
"Effective length" of runway required when effective length is determined
in accordance with Sec. 121.171 with zero wind and zero gradient.
(1) Curtiss model C-46 certificated for maximum weight of 45,000 pounds.
(0.70 factor.)
Distance in feet
Airplane weight in pounds and approach speeds /1/
in knots
Standard
altitude
in feet 40,000 V50 42,000 V50 44,000 V50 45,000 V50
/1/ For use with Curtiss model C-46 airplanes when approved
for this weight.
/2/ Steady approach speed through 50 foot-height-knots TIAS
denoted by symbol V50.
Ref. Fig. 3(b)(2).
(c) Actual length of runway required when effective length, considering
obstacles, is not determined in accordance with Sec. 121.171.
(1) Curtiss model C-46 certificated for maximum weight of 45,000 pounds.
(0.55 factor.)
Distance in feet
Airplane weight in pounds and approach speeds /1/
in knots
Standard
altitude
in feet 40,000 V50 42,000 V50 44,000 V50 45,000 V50
Appendix D to Part 121--Criteria for Demonstration of Emergency Evacuation
Procedures Under Sec. 121.291
(a) Aborted takeoff demonstration.
(1) The demonstration must be conducted either during the dark of the night
or during daylight with the dark of the night simulated. If the demonstration
is conducted indoors during daylight hours, it must be conducted with each
window covered and each door closed to minimize the daylight effect.
Illumination on the floor or ground may be used, but it must be kept low and
shielded against shining into the airplane's windows or doors.
(2) The airplane must be a normal ground attitude with landing gear
extended.
(3) Unless the airplane is equipped with an off-wing descent means, stands
or ramps may be used for descent from the wing to the ground. Safety
equipment such as mats or inverted life rafts may be placed on the floor or
ground to protect participants. No other equipment that is not part of the
emergency evacuation equipment of the airplane may be used to aid the
participants in reaching the ground.
(4) The airplane's normal electrical power sources must be deenergized.
(5) All emergency equipment for the type of passenger-carrying operation
involved must be installed in accordance with the certificate holder's
manual.
(6) Each external door and exit, and each internal door or curtain must be
in position to simulate a normal takeoff.
(7) A representative passenger load of persons in normal health must be
used. At least 40 percent of the passenger load must be females. At least 35
percent of the passenger load must be over 50 years of age. At least 15
percent of the passenger load must be female and over 50 year of age. Three
life-size dolls, not included as part of the total passenger load, must be
carried by passengers to simulate live infants 2 years old or younger.
Crewmembers, mechanics, and training personnel, who maintain or operate the
airplane in the normal course of their duties, may not be used as passengers.
(8) No passenger may be assigned a specific seat except as the
Administrator may require. Except as required by item (12) of this paragraph,
no employee of the certificate holder may be seated next to an emergency
exist.
(9) Seat belts and shoulder harnesses (as required) must be fastened.
(10) Before the start of the demonstration, approximately one-half of the
total average amount of carry-on baggage, blankets, pillows, and other
similar articles must be distributed at several locations in the aisles and
emergency exit access ways to create minor obstructions.
(11) The seating density and arrangement of the airplane must be
representative of the highest capacity passenger version of that airplane the
certificate holder operates or proposes to operate.
(12) Each crewmember must be a member of a regularly scheduled line crew,
except that flight crewmembers need not be members of a regularly scheduled
line crew, provided they have knowledge of the airplane. Each crewmember must
be seated in the seat the crewmember is normally assigned for takeoff, and
must remain in that seat until the signal for commencement of the
demonstration is received.
(13) No crewmember or passenger may be given prior knowledge of the
emergency exits available for the demonstration.
(14) The certificate holder may not practice, rehearse, or describe the
demonstration for the participants nor may any participant have taken part in
this type of demonstration within the preceding 6 months.
(15) The pretakeoff passenger briefing required by Sec. 121.571 may be
given in accordance with the certificate holder's manual. The passengers may
also be warned to follow directions of crewmembers, but may not be instructed
on the procedures to be followed in the demonstration.
(16) If safety equipment as allowed by item (3) of this section is
provided, either all passenger and cockpit windows must be blacked out or all
of the emergency exits must have safety equipment in order to prevent
disclosure of the available emergency exits.
(17) Not more than 50 percent of the emergency exits in the sides of the
fuselage of an airplane that meet all of the requirements applicable to the
required emergency exits for that airplane may be used for the demonstration.
Exits that are not to be used in the demonstration must have the exit handle
deactivated or must be indicated by red lights, red tape, or other acceptable
means, placed outside the exits to indicate fire or other reason that they
are unusable. The exits to be used must be representative of all of the
emergency exits on the airplane and must be designated by the certificate
holder, subject to approval by the Administrator. At least one floor level
exit must be used.
(18) Except as provided in paragraph (a)(3) of this appendix, all evacuees
must leave the airplane by a means provided as part of the airplane's
equipment.
(19) The certificate holder's approved procedures and all of the emergency
equipment that is normally available, including slides, ropes, lights, and
megaphones, must be fully utilized during the demonstration, except that the
flightcrew must take no active role in assisting others inside the cabin
during the demonstration.
(20) The evacuation time period is completed when the last occupant has
evacuated the airplane and is on the ground. Evacuees using stands or ramps
allowed by item (3) above are considered to be on the ground when they are on
the stand or ramp: Provided, That the acceptance rate of the stand or ramp is
no greater than the acceptance rate of the means available on the airplane
for descent from the wing during an actual crash situation.
(b) Ditching demonstration. The demonstration must assume that daylight
hours exist outside the airplane, and that all required crewmembers are
available for the demonstration.
(1) If the certificate holder's manual requires the use of passengers to
assist in the launching of liferafts, the needed passengers must be aboard
the airplane and participate in the demonstration according to the manual.
(2) A stand must be placed at each emergency exit and wing, with the top of
the platform at a height simulating the water level of the airplane following
a ditching.
(3) After the ditching signal has been received, each evacuee must don a
life vest according to the certificate holder's manual.
(4) Each liferaft must be launched and inflated, according to the
certificate holder's manual, and all other required emergency equipment must
be placed in rafts.
(5) Each evacuee must enter a liferaft, and the crewmembers assigned to
each liferaft must indicate the location of emergency equipment aboard the
raft and describe its use.
(6) Either the airplane, a mockup of the airplane or a floating device
simulating a passenger compartment must be used.
(i) If a mockup of the airplane is used, it must be a life-size mockup of
the interior and representative of the airplane currently used by or proposed
to be used by the certificate holder, and must contain adequate seats for use
of the evacuees. Operation of the emergency exits and the doors must closely
simulate those on the airplane. Sufficient wing area must be installed
outside the over-the-wing exits to demonstrate the evacuation.
(ii) If a floating device simulating a passenger compartment is used, it
must be representative, to the extent possible, of the passenger compartment
of the airplane used in operations. Operation of the emergency exits and the
doors must closely simulate operation on that airplane. Sufficient wing area
must be installed outside the over-the-wing exits to demonstrate the
evacuation. The device must be equipped with the same survival equipment as
is installed on the airplane, to accommodate all persons participating in the
demonstration.
[Amdt. 121-2, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-30, 32 FR
13268, Sept. 20, 1967; Amdt. 121-41, 33 FR 9067, June 20, 1968; Amdt. 121-46,
34 FR 5545, Mar. 22, 1969; Amdt. 121-47, 34 FR 11489, July 11, 1969; Amdt.
121-233, 58 FR 45230, Aug. 26, 1993]
SUMMARY: These amendments to the airworthiness standards for transport
category airplanes and the operating rules for air carrier operators of such
airplanes modify the procedures for conducting an emergency evacuation
demonstration. These include a requirement that the flightcrew take no active
role in the demonstration, and a change to the age/sex distribution
requirement for demonstration participants. In addition, the airworthiness
standards are amended to standardize the illumination requirements for the
handles of the various types of passenger emergency exits, and to add a
requirement to prevent the inadvertent disabling of the public address system
because of an unstowed microphone. These amendments are intended to enhance
the provisions for egress of occupants of transport category airplanes under
emergency conditions.
Appendix E to Part 121--Flight Training Requirements
The maneuvers and procedures required by Sec. 121.424 of this part for
pilot initial, transition, and upgrade flight training are set forth in the
certificate holder's approved low-altitude windshear flight training program
and in this appendix and must be performed inflight except that windshear
maneuvers and procedures must be performed in an airplane simulator in which
the maneuvers and procedures are specifically authorized to be accomplished
and except to the extent that certain other maneuvers and procedures may be
performed in an airplane simulator with a visual system (visual simulator),
an airplane simulator without a visual system (nonvisual simulator), a
training device, or a static airplane as indicated by the appropriate symbol
in the respective column opposite the maneuver or procedure.
Whenever a maneuver or procedure is authorized to be performed in a
nonvisual simulator, it may be performed in a visual simulator; when
authorized in a training device, it may be performed in a visual or nonvisual
simulator, and in some cases, a static airplane. Whenever the requirement may
be performed in either a training device or a static airplane, the
appropriate symbols are entered in the respective columns.
For the purpose of this appendix, the following symbols mean--
P=Pilot in Command (PIC).
S=Second in Command (SIC).
B=PIC and SIC.
F=Flight Engineer.
PJ=PIC transition Jet to Jet.
PP=PIC transition Prop. to Prop.
SJ=SIC transition Jet to Jet.
SP=SIC transition Prop. to Prop.
AT=All transition categories (PJ, PP, SJ, SP).
PS=SIC upgrading to PIC (same airplane).
SF=Flight Engineer upgrading to SIC (same airplane).
BU=Both SIC and Flight Engineer upgrading (same airplane).
Flight Training Requirements
Initial training
A/P Simulator
Visual Nonvisual Training
Maneuvers/Procedures Inflight Static simulator simulator device
As appropriate to the
airplane and the operation
involved, flight training
for pilots must include
the following maneuvers
and procedures.
I. Preflight:
(a) Visual inspection of
the exterior and interior
of the airplane, the
location of each item to
be inspected, and the
purpose for inspecting
it. If a flight engineer
is a required crewmember
for the particular type
of airplane, the visual
inspection may be
replaced by using an
approved pictorial means
that realistically
portrays the location and
detain of preflight
inspection items. B
(b) Use of the prestart
check list, appropriate
control system checks,
starting procedures,
radio and electronic
equipment checks, and the
selection of proper
navigation and
communications radio
facilities and
frequencies prior to
flight B
(c) Taxiing, sailing, and
docking procedures in
compliance with
instructions issued by
the appropriate Traffic
Control Authority or by
the person conducting the
training B
(d) Pretakeoff checks that
include power-plant
checks B
II. Takeoffs:
(a) Normal takeoffs which,
for the purpose of this
maneuver, begin when the
airplane is taxied into
position on the runway to
be used B
(b) Takeoffs with
instrument conditions
simulated at or before
reaching an altitude of
100' above the airport
elevation B
(c) Crosswind takeoffs B
(d) Takeoffs with a
simulated failure of the
most critical
powerplant-- B
(1) At a point after V1
and before V2 that in
the judgment of the
person conducting the
training is appropriate
to the airplane type
under the prevailing
conditions; or
(2) At a point as close
as possible afare V1
when V1 and V2 or V1 and
VR tre identical; or
(3) At the appropriate
speed for nontransport
category airplanes
For transition training in
an airplane group with
engines mounted in similar
positions, or from wing-
mounted engines to aft
fuselage-mounted engines,
the maneuver may be
performed in a nonvisual
simulator
(e) Rejected takeoffs
accomplished during a
normal takeoff run after
reaching a reasonable
speed determined by
giving due consideration
to aircraft
characteristics, runway
length, surface
conditions, wind
direction and velocity,
brake heat energy, and
any other pertinent
factors that may
adversely affect safety
or the airplane B
Training in at least one
of the above takeoffs
must be accomplished at
night. For transitioning
pilots this requirement
may be met during the
operating experience
required under Sec.
121.434 of this part by
performing a normal
takeoff at night when a
check airman serving as
pilot-in-command is
occupying a pilot station
III. Flight Maneuvers and
Procedures:
(a) Turns with and without
spoilers B
(b) Tuck and Mach buffet B
(c) Maximum endurance and
maximum range procedures B
(d) Operation of systems
and controls at the
flight engineer station B
(e) Runway and jammed
stabilizer B
(f) Normal and abnormal or
alternate operation of
the following systems and
procedures:
(1) Pressurization B
(2) Pneumatic B
(3) Air conditioning B
(4) Fuel and oil B B
(5) Electrical B B
(6) Hydraulic B B
(7) Flight control B B
(8) Anti-icing and
deicing B
(9) Auto-pilot B
(10) Automatic or other
approach aids B B
(11) Stall warning
devices, stall avoidance
devices, and stability
augmentation devices B B
(12) Airborne radar
devices B
(13) Any other systems,
devices, or aids
available B
(14) Electrical,
hydraulic, flight
control, and flight
instrument system
malfunctioning or
failure B B
(15) Landing gear and
flap systems failure or
malfunction B B
(16) Failure of
navigation or
communications equipment B
(g) Flight emergency
procedures that include
at least the following:
(1) Powerplant, heater,
cargo compartment,
cabin, flight deck,
wing, and electrical
fires B B
(2) Smoke control B B
(3) Powerplant failures B
(4) Fuel jettisoning B B
(5) Any other emergency
procedures outlined in
the appropriate flight
manual B
(h) Steep turns in each
direction. Each steep
turn must involve a bank
angle of 45 deg. with a
heading change of at
least 180 deg. but not
more than 360 deg. P
(i) Approaches to stalls
in the takeoff
configuration (except
where the airplane uses
only a zero-flap
configuration), in the
clean configuration, and
in the landing
configuration B
Training in at least one of
the above configurations
must be accomplished while
in a turn with a bank
angle between 15 deg. and
30 deg.
(j) Recovery from specific
flight characteristics
that are peculiar to the
airplane type B
(k) Instrument procedures
that include the
following:
(1) Area departure and
arrival B
(2) Use of navigation
systems including
adherence to assigned
radials B
(3) Holding B
(l) ILS instrument
approaches that include
the following:
(1) Normal ILS approaches B
(2) Manually controlled
ILS approaches with a
simulated failure of one
powerplane which occurs
before initiating the
final approach course
and continues to
touchdown or through the
missed approach
procedure B
(m) Instrument approaches
and missed approaches
other than ILS which
include the following:
(1) Nonprecision
approaches that the
trainee is likely to use B
(2) In addition to
subparagraph (1) of this
paragraph, at least one
other nonprecision
approach and missed
approach procedure that
the trainee is likely to
use B
In connection with
paragraphs III(k) and
III(l), each instrument
approach must be performed
according to any
procedures and limitations
approved for the approach
facility used. The
instrument approach begins
when the airplane is over
the initial approach fix
for the approach procedure
being used (or turned over
to the final approach
controller in the case of
GCA approach) and ends
when the airplane touches
down on the runway or when
transition to a missed
approach configuration is
completed
(n) Circling approaches
which include the
following: B
(1) That portion of the
circling approach to the
authorized minimum
altitude for the
procedure being used
must be made under
simulated instrument
conditions
(2) The circling approach
must be made to the
authorized minimum
circling approach
altitude followed by a
change in heading and
the necessary
maneuvering (by visual
reference) to maintain a
flight path that permits
a normal landing on a
runway at least 90 deg.
from the final approach
course of the simulated
instrument portion of
the approach
(3) The circling approach
must be performed
without excessive
maneuvering, and without
exceeding the normal
operating limits of the
airplane. The angle of
bank should not exceed
30 deg.
Training in the circling
approach maneuver is not
required for a pilot
employed by a certificate
holder subject to the
operating rules of Part
121 of this chapter if the
certificate holder's
manual prohibits a
circling approach in
weather conditions below
1000-3 (ceiling and
visibility); for a SIC if
the certificate holder's
manual prohibits the SIC
from performing a circling
approach in operations
under this part
(o) Zero-flap approaches.
Training in this maneuver
is not required for a
particular airplane type
if the Administrator has
determined that the
probability of flap
extension failure on that
type airplane is
extremely remote due to
system design. In making
this determination, the
Administrator determines
whether training on slats
only and partial flap
approaches is necessary P
(p) Missed approaches
which include the
following:
(1) Missed approaches
from ILS approaches B
(2) Other missed
approaches B
(3) Missed approaches
that include a complete
approved missed approach
procedure B
(4) Missed approaches
that include a
powerplant failure B
IV. Landings and Approaches
to Landings:
(a) Normal landings B
(b) Landing and go around
with the horizontal
stabilizer out of trim P
(c) Landing in sequence
from an ILS instrument
approach B
(d) Cross wind landing B
(e) Maneuvering to a
landing with simulated
powerplant failure, as
follows:
(1) Except as provided in
subparagraph (3) of this
paragraph in the case of
3-engine airplanes,
maneuvering to a landing
with an approved
procedure that
approximates the loss of
two powerplants (center
and one out-board
engine) P
(2) Except as provided in
subparagraph (3) of this
paragraph, in the case
of other multiengine
airplanes, maneuvering
to a landing with a
simulated failure of 50
percent of available
powerplants with the
simulated loss of power
on one side of the
airplane P
(3) Notwithstanding the
requirements of
subparagraphs (1) and
(2) of this paragraph,
flight crewmembers who
satisfy those
requirements in a visual
simulator must also:
(i ) Take inflight
training in one-engine
inoperative landings;
and
(ii ) In the case of a
second-in-command up-
grading to a pilot-in-
command and who has not
previously performed
the maneuvers required
by this paragraph in
flight, meet the
requirements of this
paragraph applicable to
initial training for
pilots-in-command
(4) In the case of flight
crewmembers other than
the pilot-in-command,
perform the maneuver
with the simulated loss
of power of the most
critical powerplant only
(f) Landing under
simulated circling
approach conditions
(exceptions under III(n)
applicable to this
requirement) B
(g) Rejected landings that
include a normal missed
approach procedure after
the landing is rejected.
For the purpose of this
maneuver the landing
should be rejected at
approximately 50 feet and
approximately over the
runway threshold B
(h) Zero-flap landings if
the Administrator finds
that maneuver appropriate
for training in the
airplane P
(i) Manual reversion (if
appropriate) B
Training in landings and
approaches to landings
must include the types
and conditions provided
in IV(a) through (i) but
more than one type may be
combined where
appropriate
Training in one of the
above landings must be
accomplished at night.
For transitioning pilots,
this requirement may be
met during the operating
experience required under
Sec. 121.434 of this part
by performing a normal
landing when a check
pilot serving as pilot-
in-command is occupying a
pilot station B
[ ...Table continues... ]
Transition training
A/P Simulator
Visual Nonvisual Training
Maneuvers/Procedures Inflight Static simulator simulator device
As appropriate to the
airplane and the operation
involved, flight training
for pilots must include
the following maneuvers
and procedures.
I. Preflight:
(a) Visual inspection of
the exterior and interior
of the airplane, the
location of each item to
be inspected, and the
purpose for inspecting
it. If a flight engineer
is a required crewmember
for the particular type
of airplane, the visual
inspection may be
replaced by using an
approved pictorial means
that realistically
portrays the location and
detain of preflight
inspection items. AT
(b) Use of the prestart
check list, appropriate
control system checks,
starting procedures,
radio and electronic
equipment checks, and the
selection of proper
navigation and
communications radio
facilities and
frequencies prior to
flight AT
(c) Taxiing, sailing, and
docking procedures in
compliance with
instructions issued by
the appropriate Traffic
Control Authority or by
the person conducting the
training AT
(d) Pretakeoff checks that
include power-plant
checks AT
II. Takeoffs:
(a) Normal takeoffs which,
for the purpose of this
maneuver, begin when the
airplane is taxied into
position on the runway to
be used AT
(b) Takeoffs with
instrument conditions
simulated at or before
reaching an altitude of
100' above the airport
elevation AT
(c) Crosswind takeoffs AT
(d) Takeoffs with a
simulated failure of the
most critical
powerplant-- AT
(1) At a point after V1
and before V2 that in
the judgment of the
person conducting the
training is appropriate
to the airplane type
under the prevailing
conditions; or
(2) At a point as close
as possible afare V1
when V1 and V2 or V1 and
VR tre identical; or
(3) At the appropriate
speed for nontransport
category airplanes
For transition training in
an airplane group with
engines mounted in similar
positions, or from wing-
mounted engines to aft
fuselage-mounted engines,
the maneuver may be
performed in a nonvisual
simulator
(e) Rejected takeoffs
accomplished during a
normal takeoff run after
reaching a reasonable
speed determined by
giving due consideration
to aircraft
characteristics, runway
length, surface
conditions, wind
direction and velocity,
brake heat energy, and
any other pertinent
factors that may
adversely affect safety
or the airplane AT
Training in at least one
of the above takeoffs
must be accomplished at
night. For transitioning
pilots this requirement
may be met during the
operating experience
required under Sec.
121.434 of this part by
performing a normal
takeoff at night when a
check airman serving as
pilot-in-command is
occupying a pilot station
III. Flight Maneuvers and
Procedures:
(a) Turns with and without
spoilers AT
(b) Tuck and Mach buffet AT
(c) Maximum endurance and
maximum range procedures AT
(d) Operation of systems
and controls at the
flight engineer station AT
(e) Runway and jammed
stabilizer AT
(f) Normal and abnormal or
alternate operation of
the following systems and
procedures:
(1) Pressurization AT
(2) Pneumatic AT
(3) Air conditioning AT
(4) Fuel and oil AT AT
(5) Electrical AT AT
(6) Hydraulic AT AT
(7) Flight control AT
(8) Anti-icing and
deicing AT
(9) Auto-pilot AT
(10) Automatic or other
approach aids AT
(11) Stall warning
devices, stall avoidance
devices, and stability
augmentation devices AT
(12) Airborne radar
devices AT
(13) Any other systems,
devices, or aids
available AT
(14) Electrical,
hydraulic, flight
control, and flight
instrument system
malfunctioning or
failure AT AT
(15) Landing gear and
flap systems failure or
malfunction AT AT
(16) Failure of
navigation or
communications equipment AT
(g) Flight emergency
procedures that include
at least the following:
(1) Powerplant, heater,
cargo compartment,
cabin, flight deck,
wing, and electrical
fires AT AT
(2) Smoke control AT AT
(3) Powerplant failures AT
(4) Fuel jettisoning B B
(5) Any other emergency
procedures outlined in
the appropriate flight
manual AT
(h) Steep turns in each
direction. Each steep
turn must involve a bank
angle of 45 deg. with a
heading change of at
least 180 deg. but not
more than 360 deg. PJ
(i) Approaches to stalls
in the takeoff
configuration (except
where the airplane uses
only a zero-flap
configuration), in the
clean configuration, and
in the landing
configuration AT
Training in at least one of
the above configurations
must be accomplished while
in a turn with a bank
angle between 15 deg. and
30 deg.
(j) Recovery from specific
flight characteristics
that are peculiar to the
airplane type AT
(k) Instrument procedures
that include the
following:
(1) Area departure and
arrival AT
(2) Use of navigation
systems including
adherence to assigned
radials AT
(3) Holding AT
(l) ILS instrument
approaches that include
the following:
(1) Normal ILS approaches AT
(2) Manually controlled
ILS approaches with a
simulated failure of one
powerplane which occurs
before initiating the
final approach course
and continues to
touchdown or through the
missed approach
procedure AT
(m) Instrument approaches
and missed approaches
other than ILS which
include the following:
(1) Nonprecision
approaches that the
trainee is likely to use AT
(2) In addition to
subparagraph (1) of this
paragraph, at least one
other nonprecision
approach and missed
approach procedure that
the trainee is likely to
use AT
In connection with
paragraphs III(k) and
III(l), each instrument
approach must be performed
according to any
procedures and limitations
approved for the approach
facility used. The
instrument approach begins
when the airplane is over
the initial approach fix
for the approach procedure
being used (or turned over
to the final approach
controller in the case of
GCA approach) and ends
when the airplane touches
down on the runway or when
transition to a missed
approach configuration is
completed
(n) Circling approaches
which include the
following: AT
(1) That portion of the
circling approach to the
authorized minimum
altitude for the
procedure being used
must be made under
simulated instrument
conditions
(2) The circling approach
must be made to the
authorized minimum
circling approach
altitude followed by a
change in heading and
the necessary
maneuvering (by visual
reference) to maintain a
flight path that permits
a normal landing on a
runway at least 90 deg.
from the final approach
course of the simulated
instrument portion of
the approach
(3) The circling approach
must be performed
without excessive
maneuvering, and without
exceeding the normal
operating limits of the
airplane. The angle of
bank should not exceed
30 deg.
Training in the circling
approach maneuver is not
required for a pilot
employed by a certificate
holder subject to the
operating rules of Part
121 of this chapter if the
certificate holder's
manual prohibits a
circling approach in
weather conditions below
1000-3 (ceiling and
visibility); for a SIC if
the certificate holder's
manual prohibits the SIC
from performing a circling
approach in operations
under this part
(o) Zero-flap approaches.
Training in this maneuver
is not required for a
particular airplane type
if the Administrator has
determined that the
probability of flap
extension failure on that
type airplane is
extremely remote due to
system design. In making
this determination, the
Administrator determines
whether training on slats
only and partial flap
approaches is necessary PP, PJ
(p) Missed approaches
which include the
following:
(1) Missed approaches
from ILS approaches AT
(2) Other missed
approaches AT
(3) Missed approaches
that include a complete
approved missed approach
procedure AT
(4) Missed approaches
that include a
powerplant failure AT
IV. Landings and Approaches
to Landings:
(a) Normal landings AT
(b) Landing and go around
with the horizontal
stabilizer out of trim PJ, PP
(c) Landing in sequence
from an ILS instrument
approach AT AT
(d) Cross wind landing AT
(e) Maneuvering to a
landing with simulated
powerplant failure, as
follows:
(1) Except as provided in
subparagraph (3) of this
paragraph in the case of
3-engine airplanes,
maneuvering to a landing
with an approved
procedure that
approximates the loss of
two powerplants (center
and one out-board
engine) PJ, PP
(2) Except as provided in
subparagraph (3) of this
paragraph, in the case
of other multiengine
airplanes, maneuvering
to a landing with a
simulated failure of 50
percent of available
powerplants with the
simulated loss of power
on one side of the
airplane PJ, PP
(3) Notwithstanding the
requirements of
subparagraphs (1) and
(2) of this paragraph,
flight crewmembers who
satisfy those
requirements in a visual
simulator must also:
(i ) Take inflight
training in one-engine
inoperative landings;
and
(ii ) In the case of a
second-in-command up-
grading to a pilot-in-
command and who has not
previously performed
the maneuvers required
by this paragraph in
flight, meet the
requirements of this
paragraph applicable to
initial training for
pilots-in-command
(4) In the case of flight
crewmembers other than
the pilot-in-command,
perform the maneuver
with the simulated loss
of power of the most
critical powerplant only
(f) Landing under
simulated circling
approach conditions
(exceptions under III(n)
applicable to this
requirement) AT
(g) Rejected landings that
include a normal missed
approach procedure after
the landing is rejected.
For the purpose of this
maneuver the landing
should be rejected at
approximately 50 feet and
approximately over the
runway threshold AT
(h) Zero-flap landings if
the Administrator finds
that maneuver appropriate
for training in the
airplane PP, PJ
(i) Manual reversion (if
appropriate) AT
Training in landings and
approaches to landings
must include the types
and conditions provided
in IV(a) through (i) but
more than one type may be
combined where
appropriate
Training in one of the
above landings must be
accomplished at night.
For transitioning pilots,
this requirement may be
met during the operating
experience required under
Sec. 121.434 of this part
by performing a normal
landing when a check
pilot serving as pilot-
in-command is occupying a
pilot station AT
[ ...Table continues... ]
Upgrade training
A/P Simulator
Visual Nonvisual Training
Maneuvers/Procedures Inflight Static simulator simulator device
As appropriate to the
airplane and the operation
involved, flight training
for pilots must include
the following maneuvers
and procedures.
I. Preflight:
(a) Visual inspection of
the exterior and interior
of the airplane, the
location of each item to
be inspected, and the
purpose for inspecting
it. If a flight engineer
is a required crewmember
for the particular type
of airplane, the visual
inspection may be
replaced by using an
approved pictorial means
that realistically
portrays the location and
detain of preflight
inspection items. BU
(b) Use of the prestart
check list, appropriate
control system checks,
starting procedures,
radio and electronic
equipment checks, and the
selection of proper
navigation and
communications radio
facilities and
frequencies prior to
flight BU
(c) Taxiing, sailing, and
docking procedures in
compliance with
instructions issued by
the appropriate Traffic
Control Authority or by
the person conducting the
training BU
(d) Pretakeoff checks that
include power-plant
checks BU
II. Takeoffs:
(a) Normal takeoffs which,
for the purpose of this
maneuver, begin when the
airplane is taxied into
position on the runway to
be used BU
(b) Takeoffs with
instrument conditions
simulated at or before
reaching an altitude of
100' above the airport
elevation BU
(c) Crosswind takeoffs BU
(d) Takeoffs with a
simulated failure of the
most critical
powerplant-- BU
(1) At a point after V1
and before V2 that in
the judgment of the
person conducting the
training is appropriate
to the airplane type
under the prevailing
conditions; or
(2) At a point as close
as possible afare V1
when V1 and V2 or V1 and
VR tre identical; or
(3) At the appropriate
speed for nontransport
category airplanes
For transition training in
an airplane group with
engines mounted in similar
positions, or from wing-
mounted engines to aft
fuselage-mounted engines,
the maneuver may be
performed in a nonvisual
simulator
(e) Rejected takeoffs
accomplished during a
normal takeoff run after
reaching a reasonable
speed determined by
giving due consideration
to aircraft
characteristics, runway
length, surface
conditions, wind
direction and velocity,
brake heat energy, and
any other pertinent
factors that may
adversely affect safety
or the airplane BU
Training in at least one
of the above takeoffs
must be accomplished at
night. For transitioning
pilots this requirement
may be met during the
operating experience
required under Sec.
121.434 of this part by
performing a normal
takeoff at night when a
check airman serving as
pilot-in-command is
occupying a pilot station
III. Flight Maneuvers and
Procedures:
(a) Turns with and without
spoilers BU
(b) Tuck and Mach buffet BU
(c) Maximum endurance and
maximum range procedures BU
(d) Operation of systems
and controls at the
flight engineer station PS
(e) Runway and jammed
stabilizer BU
(f) Normal and abnormal or
alternate operation of
the following systems and
procedures:
(1) Pressurization BU
(2) Pneumatic BU
(3) Air conditioning BU
(4) Fuel and oil BU BU
(5) Electrical BU BU
(6) Hydraulic BU BU
(7) Flight control BU BU
(8) Anti-icing and
deicing BU
(9) Auto-pilot BU
(10) Automatic or other
approach aids SF BU
(11) Stall warning
devices, stall avoidance
devices, and stability
augmentation devices SF BU
(12) Airborne radar
devices BU
(13) Any other systems,
devices, or aids
available BU
(14) Electrical,
hydraulic, flight
control, and flight
instrument system
malfunctioning or
failure BU BU
(15) Landing gear and
flap systems failure or
malfunction BU BU
(16) Failure of
navigation or
communications equipment BU
(g) Flight emergency
procedures that include
at least the following:
(1) Powerplant, heater,
cargo compartment,
cabin, flight deck,
wing, and electrical
fires BU BU
(2) Smoke control BU BU BU
(3) Powerplant failures BU
(4) Fuel jettisoning BU BU
(5) Any other emergency
procedures outlined in
the appropriate flight
manual BU
(h) Steep turns in each
direction. Each steep
turn must involve a bank
angle of 45 deg. with a
heading change of at
least 180 deg. but not
more than 360 deg. PS
(i) Approaches to stalls
in the takeoff
configuration (except
where the airplane uses
only a zero-flap
configuration), in the
clean configuration, and
in the landing
configuration BU
Training in at least one of
the above configurations
must be accomplished while
in a turn with a bank
angle between 15 deg. and
30 deg.
(j) Recovery from specific
flight characteristics
that are peculiar to the
airplane type BU
(k) Instrument procedures
that include the
following:
(1) Area departure and
arrival BU
(2) Use of navigation
systems including
adherence to assigned
radials BU
(3) Holding BU
(l) ILS instrument
approaches that include
the following:
(1) Normal ILS approaches BU
(2) Manually controlled
ILS approaches with a
simulated failure of one
powerplane which occurs
before initiating the
final approach course
and continues to
touchdown or through the
missed approach
procedure BU
(m) Instrument approaches
and missed approaches
other than ILS which
include the following:
(1) Nonprecision
approaches that the
trainee is likely to use BU
(2) In addition to
subparagraph (1) of this
paragraph, at least one
other nonprecision
approach and missed
approach procedure that
the trainee is likely to
use BU
In connection with
paragraphs III(k) and
III(l), each instrument
approach must be performed
according to any
procedures and limitations
approved for the approach
facility used. The
instrument approach begins
when the airplane is over
the initial approach fix
for the approach procedure
being used (or turned over
to the final approach
controller in the case of
GCA approach) and ends
when the airplane touches
down on the runway or when
transition to a missed
approach configuration is
completed
(n) Circling approaches
which include the
following: BU
(1) That portion of the
circling approach to the
authorized minimum
altitude for the
procedure being used
must be made under
simulated instrument
conditions
(2) The circling approach
must be made to the
authorized minimum
circling approach
altitude followed by a
change in heading and
the necessary
maneuvering (by visual
reference) to maintain a
flight path that permits
a normal landing on a
runway at least 90 deg.
from the final approach
course of the simulated
instrument portion of
the approach
(3) The circling approach
must be performed
without excessive
maneuvering, and without
exceeding the normal
operating limits of the
airplane. The angle of
bank should not exceed
30 deg.
Training in the circling
approach maneuver is not
required for a pilot
employed by a certificate
holder subject to the
operating rules of Part
121 of this chapter if the
certificate holder's
manual prohibits a
circling approach in
weather conditions below
1000-3 (ceiling and
visibility); for a SIC if
the certificate holder's
manual prohibits the SIC
from performing a circling
approach in operations
under this part
(o) Zero-flap approaches.
Training in this maneuver
is not required for a
particular airplane type
if the Administrator has
determined that the
probability of flap
extension failure on that
type airplane is
extremely remote due to
system design. In making
this determination, the
Administrator determines
whether training on slats
only and partial flap
approaches is necessary PS
(p) Missed approaches
which include the
following:
(1) Missed approaches
from ILS approaches BU
(2) Other missed
approaches BU
(3) Missed approaches
that include a complete
approved missed approach
procedure BU
(4) Missed approaches
that include a
powerplant failure BU
IV. Landings and Approaches
to Landings:
(a) Normal landings BU
(b) Landing and go around
with the horizontal
stabilizer out of trim PS
(c) Landing in sequence
from an ILS instrument
approach BU
(d) Cross wind landing BU
(e) Maneuvering to a
landing with simulated
powerplant failure, as
follows:
(1) Except as provided in
subparagraph (3) of this
paragraph in the case of
3-engine airplanes,
maneuvering to a landing
with an approved
procedure that
approximates the loss of
two powerplants (center
and one out-board
engine) PS
(2) Except as provided in
subparagraph (3) of this
paragraph, in the case
of other multiengine
airplanes, maneuvering
to a landing with a
simulated failure of 50
percent of available
powerplants with the
simulated loss of power
on one side of the
airplane PS
(3) Notwithstanding the
requirements of
subparagraphs (1) and
(2) of this paragraph,
flight crewmembers who
satisfy those
requirements in a visual
simulator must also:
(i ) Take inflight
training in one-engine
inoperative landings;
and
(ii ) In the case of a
second-in-command up-
grading to a pilot-in-
command and who has not
previously performed
the maneuvers required
by this paragraph in
flight, meet the
requirements of this
paragraph applicable to
initial training for
pilots-in-command
(4) In the case of flight
crewmembers other than
the pilot-in-command,
perform the maneuver
with the simulated loss
of power of the most
critical powerplant only
(f) Landing under
simulated circling
approach conditions
(exceptions under III(n)
applicable to this
requirement) BU
(g) Rejected landings that
include a normal missed
approach procedure after
the landing is rejected.
For the purpose of this
maneuver the landing
should be rejected at
approximately 50 feet and
approximately over the
runway threshold BU
(h) Zero-flap landings if
the Administrator finds
that maneuver appropriate
for training in the
airplane PS
(i) Manual reversion (if
appropriate) BU
Training in landings and
approaches to landings
must include the types
and conditions provided
in IV(a) through (i) but
more than one type may be
combined where
appropriate
Training in one of the
above landings must be
accomplished at night.
For transitioning pilots,
this requirement may be
met during the operating
experience required under
Sec. 121.434 of this part
by performing a normal
landing when a check
pilot serving as pilot-
in-command is occupying a
pilot station BU
Appendix F to Part 121--Proficiency Check Requirements
The maneuvers and procedures required by Sec. 121.441 for pilot proficiency
checks are set forth in this appendix and must be performed inflight except
to the extent that certain maneuvers and procedures may be performed in an
airplane simulator with a visual system (visual simulator), an airplane
simulator without a visual system (nonvisual simulator), or a training device
as indicated by the appropriate symbol in the respective column opposite the
maneuver or procedure.
Whenever a maneuver or procedure is authorized to be performed in a
nonvisual simulator, it may also be performed in a visual simulator; when
authorized in a training device, it may be performed in a visual or nonvisual
simulator.
For the purpose of this appendix, the following symbols mean--
P=Pilot in Command.
B=Both Pilot in Command and Second in Command.
*=A symbol and asterisk (B*) indicates that a particular condition is
specified in the maneuvers and procedures column.
NZ=When a maneuver is preceded by this symbol it indicates the maneuver
may be required in the airplane at the discretion of the person
conducting the check.
Throughout the maneuvers prescribed in this appendix, good judgment
commensurate with a high level of safety must be demonstrated. In determining
whether such judgment has been shown, the person conducting the check
considers adherence to approved procedures, actions based on analysis of
situations for which there is no prescribed procedure or recommended
practice, and qualities of prudence and care in selecting a course of action.
The procedures and maneuvers set forth in this appendix
must be performed in a manner that satisfactorily
demonstrates knowledge and skill with respect to--
(1) The airplane, its systems and components;
(2) Proper control of airspeed, configuration,
direction, altitude, and attitude in accordance with
procedures and limitations contained in the approved
Airplane Flight Manual, the certificate holder's
operations Manual, check lists, or other approved
material appropriate to the airplane type; and
(3) Compliance with approach, ATC, or other applicable
procedures
I. Preflight:
(a) Equipment examination (oral or written). As part
of the practical test the equipment examination must
be closely coordinated with, and related to, the
flight maneuvers portion but may not be given during
the flight maneuvers portion. The equipment
examination must cover--
(1) Subjects requiring a practical knowledge of the
airplane, its powerplants, systems, components,
operational, and performance factors;
(2) Normal, abnormal, and emergency procedures, and
the operations and limitations relating thereto; and
(3) The appropriate provisions of the approved
Airplane Flight Manual
The person conducting the check may accept, as equal to
this equipment test, an equipment test given to the
pilot in the certificate holder's ground school within
the preceding 6 calendar months
(b) Preflight inspection. The pilot must--
(1) Conduct an actual visual inspection of the
exterior and interior of the airplane, locating each
item and explaining briefly the purpose for
inspecting it; and
(2) Demonstrate the use of the prestart check list,
appropriate control system checks, starting
procedures, radio and electronic equipment checks,
and the selection of proper navigation and
communications radio facilities and frequencies
prior to flight
Except for flight checks required by Sec.
121.424(d)(2), an approved pictorial means that
realistically portrays the location and detail of
preflight inspection items and provides for the
portrayal of abnormal conditions may be substituted
for the preflight inspection. If a flight engineer is
a required flight crewmember for the particular type
airplane, the visual inspection may be waived under
Sec. 121.441(d)
(c) Taxiing. This maneuver includes taxiing (in the
case of a second in command proficiency check to the
extent practical from the second in command crew
position), sailing, or docking procedures in
compliance with instructions issued by the
appropriate traffic control authority or by the
person conducting the checks B
(d) Powerplant checks. As appropriate to the airplane
type
II. Takeoff:
(a) Normal. One normal takeoff which, for the purpose
of this maneuver, begins when the airplane is taxied
into position on the runway to be used B*
(b) Instrument. One takeoff with instrument conditions
simulated at or before reaching an altitude of 100'
above the airport elevation B
(c) Crosswind. One crosswind takeoff, if practicable,
under the existing meteorological, airport, and
traffic conditions B*
Requirements (a) and (c) may be combined, and
requirements (a), (b), and (c) may be combined if (b)
is performed inflight
NZ(d) Powerplant failure. One takeoff with a simulated
failure of the most critical powerplant--
(1) At a point after V1 and before V2 that in the
judgment of the person conducting the check is
appropriate to the airplane type under the
prevailing conditions;
(2) At a point as close as possible after V1 when V1
and V2 or V1 and Vr are identical; or
(3) At the appropriate speed for non-transport
category airplanes
In an airplane group with aft fuselage-mounted engines
this maneuver may be performed in a non-visual
simulator
(e) Rejected. A rejected takeoff may be performed in an
airplane during a normal takeoff run after reaching a
reasonable speed determined by giving due
consideration to aircraft characteristics, runway
length, surface conditions, wind direction and
velocity, brake heat energy, and any other pertinent
factors that may adversely affect safety or the
airplane
III. Instrument procedures:
(a) Area departure and area arrival. During each of
these maneuvers the applicant must-- B
(1) Adhere to actual or simulated ATC clearances
(including assigned radials); and
(2) Properly use available navigation facilities
Either area arrival or area departure, but not both,
may be waived under Sec. 121.441(d)
(b) Holding. This maneuver includes entering,
maintaining, and leaving holding patterns. It may be
performed in connection with either area departure or
area arrival B
(c) ILS and other instrument approaches. There must be
the following:
(1) At least one normal ILS approach B
(2) At least one manually controlled ILS approach
with a simulated failure of one powerplant. The
simulated failure should occur before initiating the
final approach course and must continue to touchdown
or through the missed approach procedure B
(3) At least one nonprecision approach procedure that
is representative of the nonprecision approach
procedures that the certificate holder is likely to
use B
(4) Demonstration of at least one nonprecision
approach procedure on a letdown aid other than the
approach procedure performed under subparagraph (3)
of this paragraph that the certificate holder is
approved to use. If performed in a training device,
the procedures must be observed by a check pilot or
an approved instructor B
Each instrument approach must be performed according to
any procedures and limitations approved for the
approach facility used. The instrument approach begins
when the airplane is over the initial approach fix for
the approach procedure being used (or turned over to
the final approach controller in the case of GCA
approach) and ends when the airplane touches down on
the runway or when transition to a missed approach
configuration is completed. Instrument conditions need
not be simulated below 100' above touchdown zone
elevation
(d) Circling approaches. If the certificate holder is
approved for circling minimums below 1000-3, at least
one circling approach must be made under the
following conditions--
(1) The portion of the approach to the authorized
minimum circling approach altitude must be made
under simulated instrument conditions B
(2) The approach must be made to the authorized
minimum circling approach altitude followed by a
change in heading and the necessary maneuvering (by
visual reference) to maintain a flight path that
permits a normal landing on a runway at least 90
deg. from the final approach course of the simulated
instrument portion of the approach
(3) The circling approach must be performed without
excessive maneuvering, and without exceeding the
normal operating limits of the airplane. The angle
of bank should not exceed 30 deg.
If local conditions beyond the control of the pilot
prohibit the maneuver or prevent it from being
performed as required, it may be waived as provided in
Sec. 121.441(d): Provided, however, That the maneuver
may not be waived under this provision for two
successive proficiency checks. The circling approach
maneuver is not required for a second-in-command if
the certificate holder's manual prohibits a second-in-
command from performing a circling approach in
operations under this part
(e) Missed approach
(1) Each pilot must perform at least one missed
approach from an ILS approach
(2) Each pilot in command must perform at least one
additional missed approach
A complete approved missed approach procedure must be
accomplished at least once. At the discretion of the
person conducting the check a simulated powerplant
failure may be required during any of the missed
approaches. These maneuvers may be performed either
independently or in conjunction with maneuvers
required under Sections III or V of this appendix. At
least one missed approach must be performed in flight
IV. Inflight Maneuvers:
(a) Steep turns. At least one steep turn in each
direction must be performed. Each steep turn must
involve a bank angle of 45 deg. with a heading change
of at least 180 deg. but not more than 360 deg. P
(b) Approaches to stalls. For the purpose of this
maneuver the required approach to a stall is reached
when there is a perceptible buffet or other response
to the initial stall entry. Except as provided below
there must be at least three approaches to stalls as
follows: B
(1) One must be in the takeoff configuration (except
where the airplane uses only a zero-flap takeoff
configuration)
(2) One in a clean configuration
(3) One in a landing configuration
At the discretion of the person conducting the check,
one approach to a stall must be performed in one of
the above configurations while in a turn with the bank
angle between 15 deg. and 30 deg.. Two out of the
three approaches required by this paragraph may be
waived
If the certificate holder is authorized to dispatch or
flight release the airplane with a stall warning
device inoperative the device may not be used during
this maneuver
(c) Specific flight characteristics. Recovery from
specific flight characteristics that are peculiar to
the airplane type
(d) Powerplant failures. In addition to specific
requirements for maneuvers with simulated powerplant
failures, the person conducting the check may require
a simulated powerplant failure at any time during the
check
V. Landings and Approaches to Landings:
Notwithstanding the authorizations for combining and
waiving maneuvers and for the use of a simulator, at
least two actual landings (one to a full stop) must be
made for all pilot-in-command and initial second-in-
command proficiency checks. Landings, and approaches
to landings must include the following, but more than
one type may be combined where appropriate:
Landings and approaches to landings must include the
types listed below, but more than one type may be
combined where appropriate:
(a) Normal landing B
(b) Landing in sequence from an ILS instrument
approach except that if circumstances beyond the
control of the pilot prevent an actual landing, the
person conducting the check may accept an approach to
a point where in his judgment a landing to a full
stop could have been made B*
(c) Crosswind landing, if practical under existing
meteorological, airport, and traffic conditions B*
(d) Maneuvering to a landing with simulated powerplant
failure as follows:
(1) In the case of 3-engine airplanes, maneuvering to
a landing with an approved procedure that
approximates the loss of two powerplants (center and
one outboard engine); or
(2) In the case of other multiengine airplanes,
maneuvering to a landing with a simulated failure of
50 percent of available powerplants, with the
simulated loss of power on one side of the airplane
Notwithstanding the requirements of subparagraphs (d)
(1) and (2) of this paragraph, in a proficiency check
for other than a pilot-in-command, the simulated loss
of power may be only the most critical powerplant.
However, if a pilot satisfies the requirements of
subparagraphs (d) (1) or (2) of this paragraph in a
visual simulator, he also must maneuver in flight to a
landing with a simulated failure of the most critical
powerplant. In addition, a pilot-in-command may omit
the maneuver required by subparagraph (d)(1) or (d)(2)
of this paragraph during a required proficiency check
or simulator course of training if he satisfactorily
performed that maneuver during the preceding
proficiency check, or during the preceding approved
simulator course of training under the observation of
a check airman, whichever was completed later
(e) Except as provided in paragraph (f) of this
section, if the certificate holder is approved for
circling minimums below 1000-3, a landing under
simulated circling approach conditions. However, when
performed in an airplane, if circumstances beyond the
control of the pilot prevent a landing, the person
conducting the check may accept an approach to a
point where, in his judgment, a landing to a full
stop could have been made
NZ(f) A rejected landing, including a normal missed
approach procedure, that is rejected approximately
50' over the runway and approximately over the runway
threshold. This maneuver may be combined with
instrument, circling, or missed approach procedures,
but instrument conditions need not be simulated below
100 feet above the runway
VI. Normal and Abnormal Procedures:
Each applicant must demonstrate the proper use of as
many of the systems and devices listed below as the
person conducting the check finds are necessary to
determine that the person being checked has a
practical knowledge of the use of the systems and
devices appropriate to the airplane type:
(a) Anti-icing and de-icing systems
(b) Auto-pilot systems
(c) Automatic or other approach aid systems
(d) Stall warning devices, stall avoidance devices,
and stability augmentation devices
(e) Airborne radar devices
(f) Any other systems, devices, or aids available
(g) Hydraulic and electrical system failures and
malfunctions
(h) Landing gear and flap systems failure or
malfunction
(i) Failure of navigation or communications equipment
VII. Emergency Procedures:
Each applicant must demonstrate the proper emergency
procedures for as many of the emergency situations
listed below as the person conducting the check finds
are necessary to determine that the person being
checked has an adequate knowledge of, and ability to
perform, such procedure:
(a) Fire in flight
(b) Smoke control
(c) Rapid decompression
(d) Emergency descent
(e) Any other emergency procedures outlined in the
appropriate approved Airplane Flight Manual
[ ...Table continues... ]
Permitted
Waiver
provisions
Visual Nonvisual Training of Sec.
Maneuvers/Procedures simulator simulator device 121.441(d)
The procedures and maneuvers set
forth in this appendix must be
performed in a manner that
satisfactorily demonstrates
knowledge and skill with respect
to--
(1) The airplane, its systems
and components;
(2) Proper control of airspeed,
configuration, direction,
altitude, and attitude in
accordance with procedures and
limitations contained in the
approved Airplane Flight
Manual, the certificate
holder's operations Manual,
check lists, or other approved
material appropriate to the
airplane type; and
(3) Compliance with approach,
ATC, or other applicable
procedures
I. Preflight:
(a) Equipment examination (oral
or written). As part of the
practical test the equipment
examination must be closely
coordinated with, and related
to, the flight maneuvers
portion but may not be given
during the flight maneuvers
portion. The equipment
examination must cover-- B
(1) Subjects requiring a
practical knowledge of the
airplane, its powerplants,
systems, components,
operational, and performance
factors;
(2) Normal, abnormal, and
emergency procedures, and the
operations and limitations
relating thereto; and
(3) The appropriate provisions
of the approved Airplane
Flight Manual
The person conducting the check
may accept, as equal to this
equipment test, an equipment
test given to the pilot in the
certificate holder's ground
school within the preceding 6
calendar months
(b) Preflight inspection. The
pilot must-- B B*
(1) Conduct an actual visual
inspection of the exterior and
interior of the airplane,
locating each item and
explaining briefly the purpose
for inspecting it; and
(2) Demonstrate the use of the
prestart check list,
appropriate control system
checks, starting procedures,
radio and electronic equipment
checks, and the selection of
proper navigation and
communications radio
facilities and frequencies
prior to flight
Except for flight checks required
by Sec. 121.424(d)(2), an
approved pictorial means that
realistically portrays the
location and detail of preflight
inspection items and provides
for the portrayal of abnormal
conditions may be substituted
for the preflight inspection. If
a flight engineer is a required
flight crewmember for the
particular type airplane, the
visual inspection may be waived
under Sec. 121.441(d)
(c) Taxiing. This maneuver
includes taxiing (in the case
of a second in command
proficiency check to the extent
practical from the second in
command crew position),
sailing, or docking procedures
in compliance with instructions
issued by the appropriate
traffic control authority or by
the person conducting the
checks
(d) Powerplant checks. As
appropriate to the airplane
type B
II. Takeoff:
(a) Normal. One normal takeoff
which, for the purpose of this
maneuver, begins when the
airplane is taxied into
position on the runway to be
used
(b) Instrument. One takeoff with
instrument conditions simulated
at or before reaching an
altitude of 100' above the
airport elevation B*
(c) Crosswind. One crosswind
takeoff, if practicable, under
the existing meteorological,
airport, and traffic conditions
Requirements (a) and (c) may be
combined, and requirements (a),
(b), and (c) may be combined if
(b) is performed inflight
NZ(d) Powerplant failure. One
takeoff with a simulated
failure of the most critical
powerplant-- B
(1) At a point after V1 and
before V2 that in the judgment
of the person conducting the
check is appropriate to the
airplane type under the
prevailing conditions;
(2) At a point as close as
possible after V1 when V1 and
V2 or V1 and Vr are identical;
or
(3) At the appropriate speed
for non-transport category
airplanes
In an airplane group with aft
fuselage-mounted engines this
maneuver may be performed in a
non-visual simulator
(e) Rejected. A rejected takeoff
may be performed in an airplane
during a normal takeoff run
after reaching a reasonable
speed determined by giving due
consideration to aircraft
characteristics, runway length,
surface conditions, wind
direction and velocity, brake
heat energy, and any other
pertinent factors that may
adversely affect safety or the
airplane B* B
III. Instrument procedures:
(a) Area departure and area
arrival. During each of these
maneuvers the applicant must-- B B*
(1) Adhere to actual or
simulated ATC clearances
(including assigned radials);
and
(2) Properly use available
navigation facilities
Either area arrival or area
departure, but not both, may be
waived under Sec. 121.441(d)
(b) Holding. This maneuver
includes entering, maintaining,
and leaving holding patterns.
It may be performed in
connection with either area
departure or area arrival B B
(c) ILS and other instrument
approaches. There must be the
following:
(1) At least one normal ILS
approach B
(2) At least one manually
controlled ILS approach with a
simulated failure of one
powerplant. The simulated
failure should occur before
initiating the final approach
course and must continue to
touchdown or through the
missed approach procedure
(3) At least one nonprecision
approach procedure that is
representative of the
nonprecision approach
procedures that the
certificate holder is likely
to use B
(4) Demonstration of at least
one nonprecision approach
procedure on a letdown aid
other than the approach
procedure performed under
subparagraph (3) of this
paragraph that the certificate
holder is approved to use. If
performed in a training
device, the procedures must be
observed by a check pilot or
an approved instructor B
Each instrument approach must be
performed according to any
procedures and limitations
approved for the approach
facility used. The instrument
approach begins when the
airplane is over the initial
approach fix for the approach
procedure being used (or turned
over to the final approach
controller in the case of GCA
approach) and ends when the
airplane touches down on the
runway or when transition to a
missed approach configuration is
completed. Instrument conditions
need not be simulated below 100'
above touchdown zone elevation
(d) Circling approaches. If the
certificate holder is approved
for circling minimums below
1000-3, at least one circling
approach must be made under the
following conditions-- B* B*
(1) The portion of the approach
to the authorized minimum
circling approach altitude
must be made under simulated
instrument conditions
(2) The approach must be made
to the authorized minimum
circling approach altitude
followed by a change in
heading and the necessary
maneuvering (by visual
reference) to maintain a
flight path that permits a
normal landing on a runway at
least 90 deg. from the final
approach course of the
simulated instrument portion
of the approach
(3) The circling approach must
be performed without excessive
maneuvering, and without
exceeding the normal operating
limits of the airplane. The
angle of bank should not
exceed 30 deg.
If local conditions beyond the
control of the pilot prohibit
the maneuver or prevent it from
being performed as required, it
may be waived as provided in
Sec. 121.441(d): Provided,
however, That the maneuver may
not be waived under this
provision for two successive
proficiency checks. The circling
approach maneuver is not
required for a second-in-command
if the certificate holder's
manual prohibits a second-in-
command from performing a
circling approach in operations
under this part
(e) Missed approach
(1) Each pilot must perform at
least one missed approach from
an ILS approach B*
(2) Each pilot in command must
perform at least one
additional missed approach P*
A complete approved missed
approach procedure must be
accomplished at least once. At
the discretion of the person
conducting the check a simulated
powerplant failure may be
required during any of the
missed approaches. These
maneuvers may be performed
either independently or in
conjunction with maneuvers
required under Sections III or V
of this appendix. At least one
missed approach must be
performed in flight
IV. Inflight Maneuvers:
(a) Steep turns. At least one
steep turn in each direction
must be performed. Each steep
turn must involve a bank angle
of 45 deg. with a heading
change of at least 180 deg. but
not more than 360 deg. P P
(b) Approaches to stalls. For
the purpose of this maneuver
the required approach to a
stall is reached when there is
a perceptible buffet or other
response to the initial stall
entry. Except as provided below
there must be at least three
approaches to stalls as
follows: B B*
(1) One must be in the takeoff
configuration (except where
the airplane uses only a zero-
flap takeoff configuration)
(2) One in a clean
configuration
(3) One in a landing
configuration
At the discretion of the person
conducting the check, one
approach to a stall must be
performed in one of the above
configurations while in a turn
with the bank angle between 15
deg. and 30 deg.. Two out of the
three approaches required by
this paragraph may be waived
If the certificate holder is
authorized to dispatch or flight
release the airplane with a
stall warning device inoperative
the device may not be used
during this maneuver
(c) Specific flight
characteristics. Recovery from
specific flight characteristics
that are peculiar to the
airplane type B B
(d) Powerplant failures. In
addition to specific
requirements for maneuvers with
simulated powerplant failures,
the person conducting the check
may require a simulated
powerplant failure at any time
during the check B
V. Landings and Approaches to
Landings:
Notwithstanding the
authorizations for combining and
waiving maneuvers and for the
use of a simulator, at least two
actual landings (one to a full
stop) must be made for all
pilot-in-command and initial
second-in-command proficiency
checks. Landings, and approaches
to landings must include the
following, but more than one
type may be combined where
appropriate:
Landings and approaches to
landings must include the types
listed below, but more than one
type may be combined where
appropriate:
(a) Normal landing
(b) Landing in sequence from an
ILS instrument approach except
that if circumstances beyond
the control of the pilot
prevent an actual landing, the
person conducting the check may
accept an approach to a point
where in his judgment a landing
to a full stop could have been
made
(c) Crosswind landing, if
practical under existing
meteorological, airport, and
traffic conditions
(d) Maneuvering to a landing
with simulated powerplant
failure as follows:
(1) In the case of 3-engine
airplanes, maneuvering to a
landing with an approved
procedure that approximates
the loss of two powerplants
(center and one outboard
engine); or B*
(2) In the case of other
multiengine airplanes,
maneuvering to a landing with
a simulated failure of 50
percent of available
powerplants, with the
simulated loss of power on one
side of the airplane B*
Notwithstanding the requirements
of subparagraphs (d) (1) and (2)
of this paragraph, in a
proficiency check for other than
a pilot-in-command, the
simulated loss of power may be
only the most critical
powerplant. However, if a pilot
satisfies the requirements of
subparagraphs (d) (1) or (2) of
this paragraph in a visual
simulator, he also must maneuver
in flight to a landing with a
simulated failure of the most
critical powerplant. In
addition, a pilot-in-command may
omit the maneuver required by
subparagraph (d)(1) or (d)(2) of
this paragraph during a required
proficiency check or simulator
course of training if he
satisfactorily performed that
maneuver during the preceding
proficiency check, or during the
preceding approved simulator
course of training under the
observation of a check airman,
whichever was completed later
(e) Except as provided in
paragraph (f) of this section,
if the certificate holder is
approved for circling minimums
below 1000-3, a landing under
simulated circling approach
conditions. However, when
performed in an airplane, if
circumstances beyond the
control of the pilot prevent a
landing, the person conducting
the check may accept an
approach to a point where, in
his judgment, a landing to a
full stop could have been made B*
NZ(f) A rejected landing,
including a normal missed
approach procedure, that is
rejected approximately 50' over
the runway and approximately
over the runway threshold. This
maneuver may be combined with
instrument, circling, or missed
approach procedures, but
instrument conditions need not
be simulated below 100 feet
above the runway B
VI. Normal and Abnormal
Procedures:
Each applicant must demonstrate
the proper use of as many of the
systems and devices listed below
as the person conducting the
check finds are necessary to
determine that the person being
checked has a practical
knowledge of the use of the
systems and devices appropriate
to the airplane type:
(a) Anti-icing and de-icing
systems B
(b) Auto-pilot systems B
(c) Automatic or other approach
aid systems B
(d) Stall warning devices, stall
avoidance devices, and
stability augmentation devices B
(e) Airborne radar devices B
(f) Any other systems, devices,
or aids available B
(g) Hydraulic and electrical
system failures and
malfunctions B
(h) Landing gear and flap
systems failure or malfunction B
(i) Failure of navigation or
communications equipment B
VII. Emergency Procedures:
Each applicant must demonstrate
the proper emergency procedures
for as many of the emergency
situations listed below as the
person conducting the check
finds are necessary to determine
that the person being checked
has an adequate knowledge of,
and ability to perform, such
procedure:
(a) Fire in flight B
(b) Smoke control B
(c) Rapid decompression B
(d) Emergency descent B
(e) Any other emergency
procedures outlined in the
appropriate approved Airplane
Flight Manual B
Appendix G to Part 121--Doppler Radar and Inertial Navigation System (INS):
Request for Evaluation; Equipment and Equipment Installation; Training
Program; Equipment Accuracy and Reliability; Evaluation Program
1. Application authority. (a) An applicant for authority to use a Doppler
Radar or Inertial Navigation System must submit a request for evaluation of
the system to the Flight Standards District Office or International Field
Office charged with the overall inspection of its operations 30 days prior to
the start of evaluation flights.
(b) The application must contain:
(1) A summary of experience with the system showing to the satisfaction of
the Administrator a history of the accuracy and reliability of the system
proposed to be used.
(2) A training program curriculum for initial approval under Sec. 121.405.
(3) A maintenance program for compliance with Subpart L of this part.
(4) A description of equipment installation.
(5) Proposed revisions to the Operations Manual outlining all normal and
emergency procedures relative to use of the proposed system, including
detailed methods for continuing the navigational function with partial or
complete equipment failure, and methods for determining the most accurate
system when an unusually large divergence between systems occurs. For the
purpose of this appendix, a large divergence is a divergence that results in
a track that falls beyond clearance limits.
(6) Any proposed revisions to the minimum equipment list with adequate
justification therefor.
(7) A list of operations to be conducted using the system, containing an
analysis of each with respect to length, magnetic compass reliability,
availability of en route aids, and adequacy of gateway and terminal radio
facilities to support the system. For the purpose of this appendix, a gateway
is a specific navigational fix where use of long range navigation commences
or terminates.
2. Equipment and equipment installation--Inertial Navigation Systems (INS)
orDoppler Radar System. (a) Inertial Navigation and Doppler Radar Systems
must be installed in accordance with applicable airworthiness requirements.
(b) Cockpit arrangement must be visible and useable by either pilot seated
at his duty station.
(c) The equipment must provide, by visual, mechanical, or electrical output
signals, indications of the invalidity of output data upon the occurrence of
probable failures or malfunctions within the system.
(d) A probable failure or malfunction within the system must not result in
loss of the aircraft's required navigation capability.
(e) The alignment, updating, and navigation computer functions of the
system must not be invalidated by normal aircraft power interruptions and
transients.
(f) The system must not be the source of cause of objectionable radio
frequency interference, and must not be adversely affected by radio frequency
interference from other aircraft systems.
(g) The FAA-approved airplane flight manual, or supplement thereto, must
include pertinent material as required to define the normal and emergency
operating procedures and applicable operating limitations associated with INS
and Doppler performance (such as maximum latitude at which ground alignment
capability is provided, or deviations between systems).
3. Equipment and equipment installation--Inertial Navigation Systems (INS).
(a) If an applicant elects to use an Inertial Navigation System it must be at
least a dual system (including navigational computers and reference units).
At least two systems must be operational at takeoff. The dual system may
consist of either two INS units, or one INS unit and one Doppler Radar unit.
(b) Each Inertial Navigation System must incorporate the following:
(1) Valid ground alignment capability at all latitudes appropriate for
intended use of the installation.
(2) A display of alignment status or a ready to navigate light showing
completed alignment to the flight crew.
(3) The present position of the airplane in suitable coordinates.
(4) Information relative to destinations or waypoint positions:
(i) The information needed to gain and maintain a desired track and to
determine deviations from the desired track.
(ii) The information needed to determine distance and time to go to the
next waypoint or destination.
(c) For INS installations that do not have memory or other inflight
alignment means, a separate electrical power source (independent of the main
propulsion system) must be provided which can supply, for at least 5 minutes,
enough power (as shown by analysis or as demonstrated in the airplane) to
maintain the INS in such condition that its full capability is restored upon
the reactivation of the normal electrical supply.
(d) The equipment must provide such visual, mechanical, or electrical
output signals as may be required to permit the flight crew to detect
probable failures or malfunctions in the system.
4. Equipment and equipment installation--Doppler Radar Systems. (a) If an
applicant elects to use a Doppler Radar System it must be at least a dual
system (including dual antennas or a combined antenna designed for multiple
operation), except that:
(1) A single operating transmitter with a standby capable of operation may
be used in lieu of two operating transmitters.
(2) Single heading source information to all installations may be utilized,
provided a compass comparator system is installed and operational procedures
call for frequent cross-checks of all compass heading indicators by
crewmembers.
The dual system may consist of either two Doppler Radar units or one Doppler
Radar unit and one INS unit.
(b) At least two systems must be operational at takeoff.
(c) As determined by the Administrator and specified in the certificate
holder's operations specifications, other navigational aids may be required
to update the Doppler Radar for a particular operation. These may include
Loran, Consol, DME, VOR, ADF, ground-based radar, and airborne weather radar.
When these aids are required, the cockpit arrangement must be such that all
controls are accessible to each pilot seated at his duty station.
5. Training programs. The initial training program for Doppler Radar and
Inertial Navigation Systems must include the following:
(a) Duties and responsibilities of flight crewmembers, dispatchers, and
maintenance personnel.
(b) For pilots, instruction in the following:
(1) Theory and procedures, limitations, detection of malfunctions,
preflight and inflight testing, and cross-checking methods.
(2) The use of computers, an explanation of all systems, compass
limitations at high latitudes, a review of navigation, flight planning, and
applicable meteorolgy.
(3) The methods for updating by means of reliable fixes.
(4) The actual plotting of fixes.
(c) Abnormal and emergency procedures.
6. Equipment accuracy and reliability. (a) Each Inertial Navigation System
must meet the following accuracy requirements, as appropriate:
(1) For flights up to 10 hours' duration, no greater than 2 nautical miles
per hour of circular error on 95 percent of system flights completed is
permitted.
(2) For flights over 10 hours' duration, a tolerance of +/-20 miles cross-
track and +/-25 miles along-track on 95 percent of system flights completed
is permitted.
(b) Compass heading information to the Doppler Radar must be maintained to
an accuracy of +/-1 deg. and total system deviations must not exceed 2 deg..
When free gyro techniques are used, procedures shall be utilized to insure
that an equivalent level of heading accuracy and total system deviation is
attained.
(c) Each Doppler Radar System must meet accuracy requirements of +/-20
miles cross-track and +/-25 miles along-track for 95 percent of the system
flights completed. Updating is permitted.
A system that does not meet the requirements of this section will be
considered a failed system.
7. Evaluation program. (a) Approval by evaluation must be requested as a
part of the application for operational approval of a Doppler Radar or
Inertial Navigation System.
(b) The applicant must provide sufficient flights which show to the
satisfaction of the Administrator the applicant's ability to use cockpit
navigation in his operation.
(c) The Administrator bases his evaluation on the following:
(1) Adequacy of operational procedures.
(2) Operational accuracy and reliability of equipment and feasibility of
the system with regard to proposed operations.
(3) Availability of terminal, gateway, area, and en route ground-based
aids, if required, to support the self-contained system.
(4) Acceptability of cockpit workload.
(5) Adequacy of flight crew qualifications.
(6) Adequacy of maintenance training and availability of spare parts.
After successful completion of evaluation demonstrations, FAA approval is
indicated by issuance of amended operations specifications and en route
flight procedures defining the new operation. Approval is limited to those
operations for which the adequacy of the equipment and the feasibility of
cockpit navigation has been satisfactorily demonstrated.
[Doc. No. 10204, Amdt. 121-89, 37 FR 6464, Mar. 30, 1972, as amended by Amdt.
121-207, 54 FR 39293, Sept. 25, 1989]
Appendix H to Part 121--Advanced Simulation Plan
This appendix provides guidelines and a means for achieving flightcrew
training in advanced airplane simulators. This plan for achieving the goal of
advanced simulation consists of three major phases and an interim phase to
facilitate the plan's implementation. The three-phase plan is to provide
standards for a progressive upgrade of airplane simulators so that the total
scope of flightcrew training can be enhanced. Each phase builds on the
preceding phase so that the final advanced simulation phase includes all the
requirements of preceding phases. This Appendix describes the simulator and
visual system requirements which must be achieved to obtain approval of
certain types of training in the simulator. The requirements in this Appendix
are in addition to the simulator approval requirements in Sec. 121.407. Each
simulator which is used under this Appendix must be approved as a Phase I,
II, or III simulator, as appropriate.
To obtain FAA approval of the simulator for a specific phase, the following
must be demonstrated to the satisfaction of the Administrator:
1. Documented proof of compliance with the appropriate simulator, visual
system, and additional training requirements of this Appendix for the phase
for which approval is requested and preceding phases, if appropriate.
2. An evaluation of the simulator to ensure that its ground, flight, and
landing performance matches the type of airplane simulated (Phase I Approval
Tests).
3. An evaluation of the appropriate simulator and visual system
requirements of the phase for which approval is requested and preceding
phases, if appropriate.
Changes to Simulator Programing
While a need exists for some flexibility in making changes in the software
program, strict scrutiny of these changes is essential to ensure that the
simulator retains its ability to duplicate the airplane's flight and ground
characteristics. Therefore, the following procedure must be followed to allow
these changes without affecting the approval of an Appendix H simulator:
1. Twenty-one calendar days before making changes to the software program
which might impact flight or ground dynamics of an Appendix H simulator, a
complete list of these planned changes, including dynamics related to the
motion and visual systems, must be provided in writing to the FAA office
responsible for conducting the recurrent evaluation of that simulator.
2. If the FAA does not object to the planned change within 21 calendar
days, the operator may make the change.
3. Changes which might affect the approved simulator Phase I test guide
must be tested by the operator in the simulator to determine the impact of
the change before submission to the FAA.
4. Software changes actually installed must be summarized and provided to
the FAA. When the operator's test shows a difference in simulator performance
due to a change, an amended copy of the test guide page which includes the
new simulator test results will also be provided to update the FAA's copy of
the test guide.
5. The FAA may examine supporting data or flight check the simulator, or
both, to ensure that the aerodynamic quality of the simulator has not been
degraded by any change in software programing.
6. All requests for changes are evaluated on the basis of the same criteria
used in the initial approval of the simulator for Phase I, II, or III.
Simulator Minimum Equipment List (MEL)
Because of the strict tolerances and other approval requirements of
Appendix H simulators, the simulator can provide realistic training with
certain nonessential items inoperative. Therefore, an operator may operate
its simulator under an MEL which has been approved by the Administrator for
that simulator. The MEL includes simulator components and indicates the type
of training or checking that is authorized if the component becomes
inoperative. To accomplish this, the component is placed in one of the
following categories along with any remarks applicable to the component's use
in the training program:
1. No training or checking.
2. Training in specific maneuvers.
3. Certification and checking.
4. Line Oriented Flight Training (LOFT).
Advanced Simulation Training Program
For an operator to conduct Phase II, IIA, or III training under this
appendix all required simulator instruction and checks must be conducted
under an advanced simulation training program which is approved by the
Administrator for the operator. This program must also ensure that all
instructors and check airmen used in Appendix H training and checking are
highly qualified to provide the training required in the training program.
The advanced simulation training program shall include the following:
1. The operator's initial, transition, upgrade, and recurrent simulator
training programs and its procedures for re-establishing recency of
experience in the simulator.
2. How the training program will integrate Phase I, II, and III simulators
with other simulators and training devices to maximize the total training,
checking, and certification functions.
3. Documentation that each instructor and check airman has been employed by
the certificate holder for at least 1 year in that capacity or as a pilot in
command or second in command in an airplane of the group in which that pilot
is instructing or checking.
4. A procedure to ensure that each instructor and check airman actively
participates in either an approved regularly scheduled line flying program as
a flight crewmember or an approved line observation program in the same
airplane type for which that person is instructing or checking.
5. A procedure to ensure that each instructor and check airman is given a
minimum of 4 hours of training each year to become familiar with the
operator's advanced simulation training program, or changes to it, and to
emphasize their respective roles in the program. Training for simulator
instructors and check airmen shall include training policies and procedures,
instruction methods and techniques, operation of simulator controls
(including environmental and trouble panels), limitations of the simulator,
and minimum equipment required for each course of training.
6. A special Line Oriented Flight Training (LOFT) program to facilitate the
transition from the simulator to line flying. This LOFT program consists of
at least a 4-hour course of training for each flightcrew. It also contains at
least two representative flight segments of the operator's route. One of the
flight segments contains strictly normal operating procedures from push back
at one airport to arrival at another. Another flight segment contains
training in appropriate abnormal and emergency flight operations.
7. For operators training under Phase IIA, the additional training
requirements of that phase.
Phase I
Training and Checking Permitted
1. Regency of experience (Sec. 121.439).
2. Night takeoffs and landings (Part 121, Appendix E).
3. Landings in a proficiency check without the landing on the line
requirements (Sec. 121.441).
Simulator Requirements
1. Aerodynamic programing to include:
a. Ground effect--for example, roundout, flare, and touchdown. This
requires data on lift, drag, and pitching moment in ground effect.
b. Ground reaction--Reaction of the airplane upon contact with the runway
during landing to include strut deflections, tire friction, and side forces.
c. Ground handling characteristics--steering inputs to include crosswind,
braking, thrust reversing, deceleration, and turning radius.
2. Minimum of 3-axis freedom of motion systems.
3. Phase I landing maneuver test guide to verify simulator data with actual
airplane flight test data, and provide simulator performance tests for Phase
I initial approval.
4. Multichannel recorders capable of recording Phase I performance tests.
Visual Requirements
1. Visual system compatibility with aerodynamic programing.
2. Visual system response time from pilot control input to visual system
output shall not exceed 300 milliseconds more than the movement of the
airplane to a similar input. Visual system response time is defined as the
completion of the visual display scan of the first video field containing
different information resulting from an abrupt control input.
3. A means of recording the visual response time for comparison with
airplane data.
4. Visual cues to assess sink rate and depth perception during landings.
5. Visual scene to instrument correlation to preclude perceptible lags.
Phase II
Training and Checking Permitted
1. For all pilots, transition training between airplanes in the same group,
and for a pilot in command the certification check required by Sec. 61.157 of
this chapter.
2. Upgrade to pilot-in-command training and the certification check when--
a. The pilot--
(i) Has previously qualified as second in command in the equipment to which
the pilot is upgrading;
(ii) Has at least 500 hours of actual flight time while serving as second
in command for the operator in an airplane in the same group; and
(iii) Is currently serving as second in command with that operator in an
airplane in this same group; or
b. The pilot is employed by an airplane operator and--
(i) Is currently serving as second in command with that operator in an
airplane of the same group;
(ii) Has a minimum of 2,500 flight hours as second in command in airplanes
of the same group with that operator; and
(iii) Has served as second in command on at least two airplanes of the same
group with that operator.
Pilots qualifying under paragraph 2.b. of this paragraph may upgrade to
another airplane in that group in which that pilot has not been previously
qualified.
Simulator Requirements
1. Representative crosswind and three-dimensional windshear dynamics based
on airplane related data.
2. Representative stopping and directional control forces for at least the
following runway conditions based on airplane related data:
a. Dry.
b. Wet.
c. Icy.
d. Patchy wet.
e. Patchy icy.
f. Wet on rubber residue in touchdown zone.
3. Representative brake and tire failure dynamics (including antiskid) and
decreased brake efficiency due to high brake temperatures based on airplane
related data.
4. A motion system which provides motion cues equal to or better than those
provided by a six-axis freedom of motion system.
5. Operational principal navigation systems, including electronic flight
instrument systems, INS, and OMEGA, if applicable.
6. Means for quickly and effectively testing simulator programing and
hardware.
7. Expanded simulator computer capacity, accuracy, resolution, and dynamic
response to meet Phase II demands. Resolution equivalent to that of at least
a 32-bit word length computer is required for critical aerodynamic programs.
8. Timely permanent update of simulator hardware and programing subsequent
to airplane modification.
9. Sound of precipitation and significant airplane noises perceptible to
the pilot during normal operations and the sound of a crash when the
simulator is landed in excess of landing gear limitations.
10. Aircraft control feel dynamics shall duplicate the airplane simulated.
This shall be determined by comparing a recording of the control feel
dynamics of the simulator to airplane measurements in the takeoff, cruise,
and landing configuration.
11. Relative responses of the motion system, visual system, and cockpit
instruments shall be coupled closely to provide integrated sensory cues.
These systems shall respond to abrupt pitch, roll, and yaw inputs at the
pilot's position within 150 milliseconds of the time, but not before the
time, when the airplane would respond under the same conditions. Visual scene
changes from steady state disturbance shall not occur before the resultant
motion onset but within the system dynamic response tolerance of 150
milliseconds. The test to determine compliance with these requirements shall
include simultaneously recording the analog output from the pilot's control
column and rudders, the output from an accelerometer attached to the motion
system platform located at an acceptable location near the pilots' seats, the
output signal to the visual system display (including visual system analog
delays), and the output signal to the pilot's attitude indicator or an
equivalent test approved by the Administrator. The test results in a
comparison of a recording of the simulator's response to actual airplane
response data in the takeoff, cruise, and landing configuration.
Visual Requirements
1. Dusk and night visual scenes with at least three specific airport
representations, including a capability of at least 10 levels of occulting,
general terrain characteristics, and significant landmarks.
2. Radio navigation aids properly oriented to the airport runway layout.
3. Test procedures to quickly confirm visual system color, RVR, focus,
intensity, level horizon, and attitude as compared to the simulator attitude
indicator.
4. For the approach and landing phase of flight, at and below an altitude
of 2,000 feet height above the airport (HAA) and within a radius of 10 miles
from the airport, weather representations including the following:
a. Variable cloud density.
b. Partial obscuration of ground scenes; that is, the effect of a scattered
to broken cloud deck.
c. Gradual break out.
d. Patchy fog.
e. The effect of fog on airport lighting.
f. Category II and III weather conditions.
5. Continuous minimum visual field of view of 75 deg. horizontal and 30
deg. vertical per pilot seat. Visual gaps shall occur only as they would in
the airplane simulated or as required by visual system hardware. Both pilot
seat visual systems shall be able to be operated simultaneously.
6. Capability to present ground and air hazards such as another airplane
crossing the active runway or converging airborne traffic.
Phase IIA
Interim Simulator Upgrade Plan for Part 121 Operators
Under Phase IIA, any Part 121 operator may conduct Phase II training for 3
1/2 years from the date it was approved for Phase I in a simulator approved
for the landing maneuver under Phase I. The operator must meet the additional
requirements set forth below and submit a plan acceptable to the
Administrator to upgrade its simulator(s) to meet Phase II standards. For a
carrier's upgrade plan to be acceptable, it must--
1. Be submitted to the FAA before July 30, 1981;
2. Show which simulators will be upgraded to Phase I requirements and their
projected upgrade dates;
3. Show that these simulators will meet Phase I requirements before January
30, 1983;
4. Show that at least 50 percent of the operator's simulators for those
airplane types for which Phase IIA training is expected will be upgraded to,
or be replaced with, simulators which meet Phase II or III requirements and--
a. Show which simulators will be upgraded to, or replaced with, simulators
which meet Phase II or III requirements; and
b. Show that each of these simulators will meet Phase II or III
requirements within 3 1/2 years after the date it is approved for Phase I;
and
5. Include an advanced simulation training program which meets the
requirements of this appendix.
To conduct Phase IIA training in a Phase I simulator, all required
simulator instruction and checks must be conducted in a simulator as part of
an advanced simulator training program approved for the operator, including
the additional training requirements of this phase.
Phase IIA interim approval ends for each Phase I simulator listed in the
operator's approved plan 3 1/2 years after that simulator is approved for
Phase IIA training. Approval of the plan is withdrawn if any simulator is not
upgraded according to the operator's approved simulator upgrade plan. This
results in the loss of all Phase IIA training for that operator. Extension of
Phase IIA training will not be considered.
Training and checking permitted: Same as Phase II.
Simulator requirements: Same as Phase I.
Visual requirements: Same as Phase I.
Additional training requirements:
1. In addition to the simulator training and the simulator certification
and proficiency check, and before the line operating experience training,
participating flight crewmembers must complete a 4-hour Line Oriented Flight
Training Course in the simulator to prepare them to perform line duties.
2. Each participating pilot in command must be given operating experience
in the airplane to include 5 landings and 25 flight hours, and each second in
command must be given 3 landings and 15 flight hours of line experience at
his or her crew station under the supervision of a check airman who meets the
qualifications of paragraph 3 and who is seated in the other pilot's
position.
3. Each participating line check airman must be given an approved 4-hour
training course to familiarize him or her with the Phase IIA program and to
emphasize his or her role in the program. He or she shall also be qualified
to provide both line and proficiency checks or be a line check airman who has
successfully completed an approved simulator check airman course.
Phase III
Training and Checking Permitted
Except for the requirements listed in the next sentence, all pilot flight
training and checking required by this part and the certification check
requirements of Sec. 61.157 and Appendix A of Part 61 of this chapter. The
line check required by Sec. 121.440, the static airplane requirements of
Appedix E of this part, and the operating experience requirements of Sec.
121.434 must still be performed in the airplane.
Simulator Requirements
1. Characteristic buffet motions that result from operation of the airplane
(for example, high-speed buffet, extended landing gear, flaps, nose-wheel
scuffing, stall) which can be sensed at the flight deck. The simulator must
be programed and instrumented in such a manner that the characteristic buffet
modes can be measured and compared to airplane data. Airplane data are also
required to define flight deck motions when the airplane is subjected to
atmospheric disturbances such as rough air and cobblestone turbulence.
General purpose disturbance models that approximate demonstrable flight test
data are acceptable.
2. Aerodynamic modeling for aircraft for which an original type certificate
is issued after June 1, 1980, including low-altitude, level-flight ground
effect, mach effect at high altitude, effects of airframe icing, normal and
reverse dynamic thrust effect on control surfaces, aero-elastic
representations, and representations of nonlinearities due to side slip based
on airplane flight test data provided by the manufacturer.
3. Realistic amplitude and frequency of cockpit noises and sounds,
including precipitation static and engine and airframe sounds. The sounds
shall be coordinated with the weather representations required in visual
requirement No. 3.
4. Self-testing for simulator hardware and programing to determine
compliance with Phase I, II, and III simulator requirements.
5. Diagnostic analysis printout of simulator malfunctions sufficient to
determine MEL compliance. These printouts shall be retained by the operator
between recurring FAA simulator evaluations as part of the daily discrepancy
log required under Sec. 121.407(a)(5).
Visual Requirements
1. Daylight, dusk, and night visual scenes with sufficient scene content to
recognize a specific airport, the terrain, and major landmarks around that
airport and to successfully accomplish a visual landing. The daylight visual
scene must be part of a total daylight cockpit environment which at least
represents the amount of light in the cockpit on an overcast day. For the
purpose of this rule, daylight visual system is defined as a visual system
capable of producing, as a minimum, full color presentations, scene content
comparable in detail to that produced by 4,000 edges or 1,000 surfaces for
daylight and 4,000 light points for night and dusk scenes, 6-foot lamberts of
light at the pilot's eye (highlight brightness), 3-arc minutes resolution for
the field of view at the pilot's eye, and a display which is free of apparent
quantization and other distracting visual effects while the simulator is in
motion. The simulation of cockpit ambient lighting shall be dynamically
consistent with the visual scene displayed. For daylight scenes, such ambient
lighting shall neither "washout" the displayed visual scene nor fall below 5-
foot lamberts of light as reflected from an approach plate at knee height at
the pilot's station and/or 2-foot lamberts of light as reflected from the
pilot's face.
2. Visual scenes portraying representative physical relationships which are
known to cause landing illusions in some pilots, including short runway,
landing over water, runway gradient, visual topographic features, and rising
terrain.
3. Special weather representations which include the sound, visual, and
motion effects of entering light, medium, and heavy precipitation near a
thunderstorm on takeoff, approach, and landings at and below an altitude of
2,000 feet HAA and within a radius of 10 miles from the airport.
4. Phase II visual requirements in daylight as well as dusk and night
representations.
5. Wet and, if appropriate for the operator, snow-covered runway
representations, including runway lighting effects.
6. Realistic color and directionality of airport lighting.
7. Weather radar presentations in aircraft where radar information is
presented on the pilot's navigation instruments.
(Secs. 313, 601, 603, 604, Federal Aviation Act of 1958, as amended (49
U.S.C. 1354, 1421, 1423, 1424); sec. 6(c), Department of Transportation Act
(49 U.S.C. 1655(c)))
[Amdt. 121-161, 45 FR 44183, June 30, 1980; 45 FR 48599, July 31, 1980]
Appendix I to Part 121--Drug Testing Program
This appendix contains the standards and components that must be included
in an anti-drug program required by this chapter.
I. DOT Procedures. Each employer shall ensure that drug testing programs
conducted pursuant to this regulation comply with the requirements of this
appendix and the "Procedures for Transportation Workplace Drug Testing
Programs" published by the Department of Transportation (DOT) (49 CFR Part
40). An employer may not use or contract with any drug testing laboratory
that is not certified by the Department of Health and Human Services (DHHS)
pursuant to the DHHS "Mandatory Guidelines for Federal Workplace Drug Testing
Programs" (53 FR 11970; April 11, 1988).
II. Definitions. For the purpose of this appendix, the following
definitions apply:
Accident means an occurrence associated with the operation of an aircraft
which takes place between the time any person boards the aircraft with the
intention of flight and all such persons have disembarked, and in which any
person suffers death or serious injury, or in which the aircraft receives
substantial damage (49 CFR 830.2).
Annualized rate for the purposes of unannounced testing of employees based
on random selection means the percentage of specimen collection and testing
of employees performing a function listed in section III of this appendix
during a calendar year. The employer shall determine the annualized
percentage rate by referring to the total number of employees performing a
sensitive safety- or security-related function for the employer at the
beginning of a calendar year or by an alternative method specified in the
employer's drug testing plan approved by the FAA.
Employee is a person who performs, either directly or by contract, a
function listed in section III of this appendix for a part 121 certificate
holder, a part 135 certificate holder, an operator as defined in Sec.
135.1(c) of this chapter, or an air traffic control facility not operated
by, or under contract with, the FAA or the U.S. military. Provided, however,
that an employee who works for an employer who holds a part 135 certificate
and who holds a part 121 certificate is considered to be an employee of the
part 121 certificate holder for the purposes of this appendix.
Employer is a part 121 certificate holder, a part 135 certificate holder,
an operator as defined in Sec. 135.1(c) of this chapter, or an air traffic
control facility not operated by, or under contract with, the FAA or the
U.S. military. Provided, however, that an employer may use a person to
perform a function listed in section III of this appendix, who is not
included under that employer's drug program, if that person is subject to
the requirements of another employer's FAA-approved anti-drug program.
Failing a drug test means that the test result shows positive evidence of
the presence of a prohibited drug or drug metabolite in an employee's system.
Passing a drug test means that the test result does not show positive
evidence of the presence of a prohibited drug or drug metabolite in an
employee's system.
Positive evidence means the presence of a drug or drug metabolite in a
urine sample at or above the test levels listed in the DOT "Procedures for
Transportation Workplace Drug Testing Programs" (49 CFR Part 40).
Prohibited drug means marijuana, cocaine, opiates, phencyclidine (PCP),
amphetamines, or a substance specified in Schedule I or Schedule II of the
Controlled Substances Act, 21 U.S.C. 811, 812 (1981 & 1987 Cum.P.P.), unless
the drug is being used as authorized by a legal prescription or other
exemption under Federal, state, or local law.
Refusal to submit means refusal by an individual to provide a urine sample
after he or she has received notice of the requirement to be tested in
accordance with this appendix.
III. Employees Who Must Be Tested. Each person who performs a function
listed in this section must be tested pursuant to an FAA-approved anti-drug
program conducted in accordance with this appendix:
a. Flight crewmember duties.
b. Flight attendant duties.
c. Flight instruction or ground instruction duties.
d. Flight testing duties.
e. Aircraft dispatcher duties.
f. Aircraft maintenance or preventive maintenance duties.
g. Aviation security or screening duties.
h. Air traffic control duties.
IV. Substances For Which Testing Must Be Conducted. Each employer shall
test each employee who performs a function listed in section III of this
appendix for evidence of marijuana, cocaine, opiates, phencyclidine (PCP),
and amphetamines during each test required by section V of this appendix. As
part of reasonable cause drug testing program established pursuant to this
part, employers may test for drugs in addition to those specified in this
part only with approval granted by the FAA under 49 CFR Part 40 and for
substances for which the Department of Health and Human Services has
established an approved testing protocol and positive threshhold.
V. Types of Drug Testing Required. Each employer shall conduct the
following types of testing in accordance with the procedures set forth in
this appendix and the DOT "Procedures for Transportation Workplace Drug
Testing Programs" (49 CFR Part 40):
A. Preemployment testing. No employer may hire any person to perform a
function listed in section III of this appendix unless the applicant passes a
drug test for that employer. The employer shall advise an applicant at the
time of application that preemployment testing will be conducted to determine
the presence of marijuana, cocaine, opiates, phencyclidine (PCP), and
amphetamines or a metabolite of those drugs in the applicant's system.
B. Periodic testing. Each employee who performs a function listed in
section III of this appendix for an employer and who is required to undergo a
medical examination under part 67 of this chapter shall submit to a periodic
drug test. The employee shall be tested for the presence of marijuana,
cocaine, opiates, phencyclidine (PCP), and amphetamines or a metabolite of
those drugs during the first calendar year of implementation of the
employer's anti-drug program. The test shall be conducted in conjunction with
the first medical evaluation of the employee or in accordance with an
alternative method for collecting periodic test specimens detailed in an
employer's approved anti-drug program. An employer may discontinue periodic
testing of its employees after the first calendar year of implementation of
the employer's anti-drug program when the employer has implemented an
unannounced testing program based on random selection of employees.
C. Random testing. Each employer shall randomly select employees who
perform a function listed in section III of this appendix for the employer
for unannounced drug testing. The employer shall randomly select employees
for unannounced testing for the presence of marijuana, cocaine, opiates,
phencyclidine (PCP), and amphetamines or a metabolite of those drugs in an
employee's system using a random number table or a computer-based, number
generator that is matched with an employee's social security number, payroll
identification number, or any other alternative method approved by the FAA.
(1) During the first 12 months following implementation of unannounced
testing based on random selection pursuant to this appendix, an employer
shall meet the following conditions:
(a) The unannounced testing based on random selection of employees shall be
spread reasonably throughout the 12-month period.
(b) The last collection of specimens for random testing during the year
shall be conducted at an annualized rate equal to not less than 50 percent of
employees performing a function listed in section III of this appendix.
(c) The total number of unannounced tests based on random selection during
the 12-months shall be equal to not less than 25 percent of the employees
performing a function listed in section III of this appendix.
(2) Following the first 12 months, an employer shall achieve and maintain
an annualized rate equal to not less than 50 percent of employees performing
a function listed in section III of this appendix.
D. Postaccident testing. Each employer shall test each employee who
performs a function listed in section III of this appendix for the presence
of marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines or a
metabolite of those drugs in the employee's system if that employee's
performance either contributed to an accident or cannot be completely
discounted as a contributing factor to the accident. The employee shall be
tested as soon as possible but not later than 32 hours after the accident.
The decision not to administer a test under this section must be based on a
determination, using the best information available at the time of the
accident, that the employee's performance could not have contributed to the
accident. The employee shall submit to postaccident testing under this
section.
E. Testing based on reasonable cause. Each employer shall test each
employee who performs a function listed in section III of this appendix and
who is reasonably suspected of using a prohibited drug. Each employer shall
test an employee's specimen for the presence of marijuana, cocaine, opiates,
phencyclidine (PCP), and amphetamines or a metabolite of those drugs. An
employer may test an employee's specimen for the presence of other prohibited
drugs or drug metabolites only in accordance with this appendix and the DOT
"Procedures for Transportation Workplace Drug Testing Programs" (49 CFR Part
40). At least two of the employee's supervisors, one of whom is trained in
detection of the possible symptoms of drug use, shall substantiate and concur
in the decision to test an employee who is reasonably suspected of drug use.
In the case of an employer holding a Part 135 certificate who employs 50 or
fewer employees who perform a function listed in section III of this appendix
or an operator as defined in Sec. 135.1(c) of this chapter, one supervisor,
who is trained in detection of possible symptoms of drug use, shall
substantiate the decision to test an employee who is reasonably suspected of
drug use. The decision to test must be based on a reasonable and articulable
belief that the employee is using a prohibited drug on the basis of specific,
contemporaneous physical, behavioral, or performance indicators of probable
drug use.
F. Testing after return to duty. Each employer shall implement a reasonable
program of unannounced testing of each individual who has been hired and each
employee who has returned to duty to perform a function listed in section III
of this appendix after failing a drug test conducted in accordance with this
appendix or after refusing to submit to a drug test required by this
appendix. The individual or employee shall be subject to unannounced testing
for not more than 60 months after the individual has been hired or the
employee has returned to duty to perform a function listed in section III of
this appendix.
VI. Administrative Matters.--A. Collection, testing, and rehabilitation
records. Each employer shall maintain all records related to the collection
process, including all logbooks and certification statements, for two years.
Each employer shall maintain records of employee confirmed positive drug test
results and employee rehabilitation for five years. The employer shall
maintain records of negative test results for 12 months. The employer shall
permit the Administrator or the Administrator's representative to examine
these records.
B. Laboratory inspections. The employer shall contract only with a
laboratory that permits pre-award inspections by the employer before the
laboratory is awarded a testing contract and unannounced inspections,
including examination of any and all records at any time by the employer, the
Administrator, or the Administrator's representative.
C. Employee request to retest a specimen. Not later than 60 days after
receipt of a confirmed positive test result, an employee may submit a written
request to the MRO for retesting of the specimen producing the positive test
result. Each employee may make one written request that a sample of the
specimen be provided to the original or another DHHS-certified laboratory for
testing. The laboratories shall follow chain-of-custody procedures. The
employee shall pay the costs of the additional test and all handling and
shipping costs associated with the transfer of the specimen to the
laboratory.
D. Release of Drug Testing Information. An employer may release information
regarding an employee's drug testing results or rehabilitation to a third
party only with the specific, written consent of the employee authorizing
release of the information to an identified person. Information regarding an
employee's drug testing results or rehabilitation may be released to the
National Transportation Safety Board as part of an accident investigation, to
the FAA upon request, or as required by section VII.C.5 of this appendix.
VII. Review of Drug Testing Results. The employer shall designate or
appoint a medical review officer (MRO). If the employer does not have a
qualified individual on staff to serve as MRO, the employer may contract for
the provision of MRO services as part of its drug testing program.
A. MRO qualifications. The MRO must be a licensed physician with knowledge
of drug abuse disorders.
B. MRO duties. The MRO shall perform the following functions for the
employer:
1. Review the results of the employer's drug testing program before the
results are reported to the employer and summarized for the FAA.
2. Within a reasonable time, notify an employee of a confirmed positive
test result.
3. Review and interpret each confirmed positive test result in order to
determine if there is an alternative medical explanation for the confirmed
positive test result. The MRO shall perform the following functions as part
of the review of a confirmed positive test result:
a. Provide an opportunity for the employee to discuss a positive test
result with the MRO.
b. Review the employee's medical history and any relevant biomedical
factors.
c. Review all medical records made available by the employee to determine
if a confirmed positive test resulted from legally prescribed medication.
d. Verify that the laboratory report and assessment are correct. The MRO
shall be authorized to request that the original specimen be reanalyzed to
determine the accuracy of the reported test result.
4. Process employee requests to retest a specimen in accordance with
section VI.C of this appendix.
5. Determine whether and when, consistent with an employer's anti-drug
program, a return-to-duty recommendation for a current employee or a decision
to hire an individual to perform a function listed in section III of this
appendix after failing a test conducted in accordance with this appendix or
after refusing to submit to a test required by this appendix, including
review of any rehabilitation program in which the individual or employee
participated, may be made.
6. Ensure that an individual or employee has been tested in accordance with
the procedures of this appendix and the DOT "Procedures for Transportation
Workplace Drug Testing Programs" (49 CFR Part 40) before the individual is
hired or the employee returns to duty.
7. Determine a schedule of unannounced testing for an individual who has
been hired or an employee who has returned to duty to perform a function
listed in section III of this appendix after the individual or employee has
failed a drug test conducted in accordance with this appendix or has refused
to submit to a drug test required by this appendix.
C. MRO determinations. 1. If the MRO determines, after appropriate review,
that there is a legitimate medical explanation for the confirmed positive
test result that is consistent with legal drug use, the MRO shall conclude
that the test result is negative and shall report the test as a negative test
result.
2. If the MRO determines, after appropriate review, that there is no
legitimate medical explanation for the confirmed positive test result that is
consistent with legal drug use, the MRO shall refer the employee to an
employer's rehabilitation program if available or to a personnel or
administrative officer for further proceedings in accordance with the
employer's anti-drug program.
3. Based on a review of laboratory inspection reports, quality assurance
and quality control data, and other drug test results, the MRO may conclude
that a particular drug test result is scientifically insufficient for futher
action. Under these circumstances, the MRO shall conclude that the test is
negative for the presence of drugs or drug metabolites in an employee's
system.
4. In order to make a recommendation to hire an individual to perform a
function listed in section III of this appendix or to return an employee to
duty to perform a function listed in section III of this appendix after the
individual or employee has failed a drug test conducted in accordance with
this appendix or refused to submit to a drug test required by this appendix,
the MRO shall--
a. Ensure that the individual or employee is drug free based on a drug test
that shows no positive evidence of the presence of a drug or a drug
metabolite in the person's system;
b. Ensure that the individual or employee has been evaluated by a
rehabilitation program counselor for drug use or abuse; and
c. Ensure that the individual or employee demonstrates compliance with any
conditions or requirements of a rehabilitation program in which the person
participated.
5. Notwithstanding any other section in this appendix, the MRO shall make
the following determinations in the case of an employee or applicant who
holds, or is required to hold, a medical certificate issued pursuant to Part
67 of this chapter in order to perform a function listed in section III of
this appendix for an employer:
a. The MRO shall make a determination of probable drug dependence or
nondependence as specified in Part 67 of this chapter. If the MRO makes a
determination of nondependence, the MRO has authority to recommend that the
employee return to duty in a position that requires the employee to hold a
certificate issued under Part 67 of this chapter. The MRO shall forward the
determination of nondependence, the return-to-duty decision, and any
supporting documentation to the Federal Air Surgeon for review.
b. If the MRO makes a determination of probable drug dependence at any
time, the MRO shall report the name of the individual and identifying
information, the determination of probable drug dependence, and any
supporting documentation to the Federal Air Surgeon. The MRO does not have
the authority to recommend that the employee return to duty in a position
that requires the employee to hold a certificate issued under Part 67 of this
chapter. The Federal Air Surgeon shall determine if the individual may retain
or may be issued a medical certificate consistent with the requirements of
Part 67 of this chapter.
c. The MRO shall report to the Federal Air Surgeon the name of any employee
who is required to hold a medical certificate issued pursuant to Part 67 of
this chapter and who fails a drug test. The MRO shall report to the Federal
Air Surgeon the name of any person who applies for a position that requires
the person to hold a medical certificate issued pursuant to Part 67 of this
chapter and who fails a preemployment drug test.
d. The MRO shall forward the information specified in paragraphs (a), (b),
and (c) of this section to the Federal Air Surgeon, Federal Aviation
Administration, Drug Abatement Branch (AAM-220), 800 Independence Avenue,
SW., Washington, DC 20591.
VIII. Employee Assistance Program (EAP). The employer shall provide an EAP
for employees. The employer may establish the EAP as a part of its internal
personnel services or the employer may contract with an entity that will
provide EAP services to an employee. Each EAP must include education and
training on drug use for employees and training for supervisors making
determinations for testing of employees based on reasonable cause.
A. EAP education program. Each EAP education program must include at least
the following elements: display and distribution of informational material;
display and distribution of a community service hot-line telephone number for
employee assistance; and display and distribution of the employer's policy
regarding drug use in the workplace.
B. EAP training program. Each employer shall implement a reasonable program
of initial training for employees. The employee training program must include
at least the following elements: The effects and consequences of drug use on
personal health, safety, and work environment; the manifestations and
behavioral cues that may indicate drug use and abuse; and documentation of
training given to employees and employer's supervisory personnel. The
employer's supervisory personnel who will determine when an employee is
subject to testing based on reasonable cause shall receive specific training
on the specific, contemporaneous physical, behavioral, and performance
indicators of probable drug use in addition to the training specified above.
The employer shall ensure that supervisors who will make reasonable cause
determinations receive at least 60 minutes of initial training. The employer
shall implement a reasonable recurrent training program for supervisory
personnel making reasonable cause determinations during subsequent years. The
employer shall identify the employee and supervisor EAP training in the
employer's drug testing plan submitted to the FAA for approval.
IX. Employer's Drug Testing Plan.-- A. Schedule for submission of plans and
implementation. (1) Each employer shall submit a drug testing plan to the
Federal Aviation Administration, Office of Aviation Medicine, Drug Abatement
Branch (AAM-220), 800 Independence Avenue, SW., Washington, DC 20591.
(2) Each employer who holds a Part 121 certificate and each employer who
holds a Part 135 certificate and employs more than 50 employees who perform a
function listed in section III of this appendix shall submit an anti-drug
program to the FAA (specifying the procedures for all testing required by
this appendix) not later than 240 days after December 21, 1988. Each employer
shall implement the employer's anti-drug program for its direct employees not
later than 60 days after approval of the anti-drug program by the FAA. Each
employer shall implement the employer's approved anti-drug program for its
contractor employees not later than 360 days after initial implementation of
the employer's approved anti-drug program for its direct employees. However,
notwithstanding the preceding sentence, an employer may continue to use
contractor employees who are not subject to drug testing under an FAA-
approved anti-drug program to perform a function listed in section III of
this appendix for 90 days after the compliance date specified in this
paragraph for implementation of the employer's anti-drug program for its
contractor employees, provided that each such contractor employee or
contractor employee's company has submitted, in accordance with the
provisions of either paragraph A(6) or A(7) of this section IX, an anti-drug
plan to the FAA for approval not later than such compliance date.
(3) Each employer who holds a Part 135 certificate and employs from 11 to
50 employees who perform a function listed in section III of this appendix
shall submit an interim anti-drug program to the FAA (specifying the
procedures for preemployment testing, periodic testing, postaccident testing,
testing based on reasonable cause, and testing after return to duty) not
later than 300 days after December 21, 1988. Each employer shall implement
the employer's interim anti-drug program for its direct employees not later
than 60 days after approval of the anti-drug program by the FAA. Each
employer shall submit an amendment to its interim anti-drug program to the
FAA (specifying the procedures for unannounced testing based on random
selection) not later than 120 days after approval of the employer's interim
anti-drug program by the FAA. Each employer shall implement the random
testing provision of the employer's amended anti-drug program for its direct
employees not later than 60 days after approval of the amended program by the
FAA. Each employer shall implement the employer's approved anti-drug program
for its contractor employees, including unannounced testing based on random
selection, not later than 360 days after initial implementation of the
employer's interim anti-drug program for its direct employees. However,
notwithstanding the preceding sentence, an employer may continue to use
contractor employees who are not subject to drug testing under an FAA-
approved anti-drug program to perform a function listed in section III of
this appendix for 90 days after the compliance date specified in this
paragraph for implementation of the employer's anti-drug program for its
contractor employees, provided that each such contractor employee or
contractor employee's company has submitted, in accordance with the
provisions of either paragraph A(6) or A(7) of this section IX, an anti-drug
plan to the FAA for approval not later than such compliance date.
(4)a. Each employer who holds a part 135 certificate and employs 10 or
fewer employees who perform a function listed in section III of this appendix
and each air traffic control facility not operated by, or under contract
with, the FAA or the U.S. military, shall submit an anti-drug program to the
FAA (specifying the procedures for all testing required by this appendix) not
later than 480 days after December 21, 1988. Each employer shall implement
its anti-drug program for its direct employees not later than 60 days after
approval of the anti-drug program by the FAA. Each employer shall implement
its approved anti-drug program for its contractor employees not later than
360 days after initial implementation of the employer's approved anti-drug
program for its direct employees. However, notwithstanding the preceding
sentence, an employer may continue to use contractor employees who are not
subject to drug testing under an FAA- approved anti-drug program to perform
a function listed in section III of this appendix for 90 days after the
compliance date specified in this paragraph for implementation of the
employer's anti-drug program for its contractor employees, provided that
each such contractor employee or contractor employee's company has
submitted, in accordance with the provisions of either paragraph A(6) or
A(7) of this section IX, an anti-drug plan to the FAA for approval not later
than such compliance date.
b. Each operator as defined in Sec. 135.1(c) of this chapter shall submit
an anti-drug program to the FAA (specifying the procedures for all testing
required by this appendix) not later than October 7, 1991. Each operator
shall implement its anti-drug program for its direct employees not later than
60 days after approval of the anti-drug program by the FAA. Each operator
shall implement its approved anti-drug program for its contractor employees
not later than 360 days after initial implementation of the operator's
approved anti-drug program for its direct employees.
(5) Each employer or operator, who becomes subject to the rule as a result
of the FAA's issuance of a part 121 or part 135 certificate or as the result
of beginning operations listed in Sec. 135.1(c) shall submit an anti-drug
plan to the FAA for approval, within the timeframes of paragraph (2), (3), or
(4) of this section, according to the type and size of the category of
operations. For the purposes of applicability of the timeframes, the date
that an employer or operator becomes subject to the requirements of this
bppendix is substituted for "December 21, 1988."
(6) In accordance with this appendix, an entity or individual that holds a
repair station certificate issued by the FAA pursuant to Part 145 of this
chapter and employs individuals who perform a function listed in section III
of this appendix pursuant to a primary or direct contract with an employer or
an operator may submit an anti-drug program (specifying the procedures for
complying with this appendix) to the FAA for approval. Each certificated
repair station shall implement its approved anti-drug program in accordance
with its terms.
(7) An entity or individual whose employees perform a function listed in
section III of this appendix pursuant to a contract with an employer or an
operator or a consortium of contractors or employers subject to the
requirements of this appendix may submit an anti-drug program (specifying the
procedures for complying with this appendix) to the FAA for approval on a
form and in a manner prescribed by the Administrator. Each contractor or
consortium shall implement its approved anti-drug program in accordance with
its terms.
B. An employer's anti-drug plan must specify the methods by which the
employer will comply with the testing requirements of this appendix. The plan
must provide the name and address of the laboratory which has been selected
by the employer for analysis of the specimens collected during the employer's
anti-drug testing program.
C. An employer's anti-drug plan must specify the procedures and personnel
the employer will use to ensure that a determination is made as to the
veracity of test results and possible legitimate explanations for an employee
failing a test.
D. The employer shall consider its anti-drug program to be approved by the
Administrator, unless notified to the contrary by the FAA, within 60 days
after submission of the plan to the FAA.
X. Reporting of antidrug program results. A. Annual reports of antidrug
program results shall be submitted to the FAA in the form and manner
prescribed by the Administrator by March 15 of the succeeding calendar year
for the prior calendar year (January 1 through December 31) in accordance
with the provisions below.
1. Each part 121 certificate holder shall submit an annual report each
year.
2. Each entity conducting an antidrug program under an FAA-approved
antidrug plan, other than a part 121 certificate holder, that has 50 or more
employees performing a function specified in this appendix on January 1 of
any calendar year shall submit an annual report to the FAA for that calendar
year.
3. The Administrator reserves the right to require that aviation employers
not otherwise required to submit annual reports prepare and submit such
reports to the FAA. Employers that will be required to submit annual reports
under this provision will be notified in writing by the FAA.
B. Each report shall be submitted in the form and manner prescribed by the
Administrator. No other form, including another DOT Operating
Administration's form, is acceptable for submission to the FAA.
C. Each report shall be signed by the employer's antidrug program manager
or other designated representative.
D. Each report with verified positive test results shall include all of the
following informational elements:
1. Number of covered employees by employee category.
2. Number of covered employees affected by the antidrug rule of another
operating administration identified and reported by number and employee
category.
3. Number of specimens collected by type of test and employee category.
4. Number of positive test results verified by a Medical Review Officer
(MRO) by type of test, type of drug, and employee category.
5. Number of negative tests reported by an MRO by type of test and employee
category.
6. Number of persons denied a position as a covered employee based on a
verified positive preemployment drug test reported by an MRO.
7. Action taken following a verified positive test result(s), by type of
action.
8. Number of employees returned to duty during the reporting period after
having failed or refused to submit to a drug test required under the FAA
rule.
9. Number of employees by employee category with tests verified positive
for multiple drugs by an MRO.
10. Number of employees who refused to submit to a drug test and the action
taken in response to the refusal(s).
11. Number of covered employees who have received required initial
training.
12. Number of supervisory personnel who have received required initial
training.
13. Number of supervisors who have received required recurrent training.
E. Each report with only negative test results shall include all of the
following informational elements. (This report may only be submitted by
employers with no verified positive test results during the reporting year.)
1. Number of covered employees by employee category.
2. Number of covered employees affected by the antidrug rule of another
operating administration identified and reported by number and employee
category.
3. Number of specimens collected by type of test and employee category.
4. Number of negative tests reported by an MRO by type of test and employee
category.
5. Number of employees who refused to submit to a drug test and the action
taken in response to the refusal(s).
6. Number of employees returned to duty during the reporting period after
having failed or refused to submit to a drug test required under the FAA
rule.
7. Number of covered employees who have received required initial training.
8. Number of supervisory personnel who have received required initial
training.
9. Number of supervisors who have received required recurrent training.
F. An FAA-approved consortium may prepare reports on behalf of individual
aviation employers for purposes of compliance with this reporting
requirement. However, the aviation employer shall sign and submit such a
report and shall remain responsible for ensuring the accuracy and timeliness
of each report prepared on its behalf by a consortium.
XI. Preemption. A. The issuance of these regulations by the FAA preempts
any State or local law, rule, regulation, order, or standard covering the
subject matter of this rule, including but not limited to, drug testing of
aviation personnel performing sensitive safety- or security-related
functions.
B. The issuance of these regulations does not preempt provisions of State
criminal law that impose sanctions for reckless conduct of an individual that
leads to actual loss of life, injury, or damage to property whether such
provisions apply specifically to aviation employees or generally to the
public.
XII. Conflict with foreign laws or international law. A. This appendix
shall not apply to any person for whom compliance with this appendix would
violate the domestic laws or policies of another country.
B. This appendix is effective with respect to any employee located outside
the territory of the United States on January 2, 1995.
SUMMARY: On November 21, 1988, the Federal Aviation Administration (FAA)
issued a final rule requiring specified aviation employers to implement
antidrug programs for personnel performing safety-sensitive functions. This
final rule modifies that rule by changing the existing employer reporting
requirements to conform to a Department of Transportation (DOT) Management
Information System (MIS), to provide the FAA with additional data for use in
monitoring the antidrug program, and to minimize the reports that must be
submitted by small aviation entities. The DOT has published a common preamble
elsewhere in today's Federal Register, which summarizes public comments to
the DOT notice of proposed rulemaking (NPRM) which was published on December
15, 1992.
EFFECTIVE DATE: This rule is effective on January 1, 1994.
Appendix J to Part 121--Alcohol Misuse Prevention Program
This appendix contains the standards and components that must be included
in an alcohol misuse prevention program required by this chapter.
I. General.
A. Purpose. The purpose of this appendix is to establish programs designed
to help prevent accidents and injuries resulting from the misuse of alcohol
by employees who perform safety-sensitive functions in aviation.
B. Alcohol testing procedures. Each employer shall ensure that all alcohol
testing conducted pursuant to this appendix complies with the procedures set
forth in 49 CFR part 40. The provisions of 49 CFR part 40 that address
alcohol testing are made applicable to employers by this appendix.
C. Definitions.
As used in this appendix--
Accident means an occurrence associated with the operation of an aircraft
which takes place between the time any person boards the aircraft with the
intention of flight and the time all such persons have disembarked, and in
which any person suffers death or serious injury or in which the aircraft
receives substantial damage.
Administrator means the Administrator of the Federal Aviation
Administration or his or her designated representative.
Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or
other low molecular weight alcohols, including methyl or isopropyl alcohol.
Alcohol concentration (or content) means the alcohol in a volume of breath
expressed in terms of grams of alcohol per 210 liters of breath as indicated
by an evidential breath test under this appendix.
Alcohol use means the consumption of any beverage, mixture, or preparation,
including any medication, containing alcohol.
Confirmation test means a second test, following a screening test with a
result 0.02 or greater, that provides quantitative data of alcohol
concentration.
Consortium means an entity, including a group or association of employers
or contractors, that provides alcohol testing as required by this appendix
and that acts on behalf of such employers or contractors, provided that it
has submitted an alcohol misuse prevention program certification statement to
the FAA in accordance with this appendix.
Contractor company means a company that has employees who perform safety-
sensitive functions by contract for an employer.
Covered employee means a person who performs, either directly or by
contract, a safety-sensitive function listed in section II of this appendix
for an employer (as defined below). For purposes of pre-employment testing
only, the term "covered employee" includes a person applying to perform a
safety-sensitive function.
DOT agency means an agency (or "operating administration") of the United
States Department of Transportation administering regulations requiring
alcohol testing (14 CFR parts 65, 121, and 135; 49 CFR parts 199, 219, and
382) in accordance with 49 CFR part 40.
Employer means a part 121 certificate holder; a part 135 certificate
holder; an air traffic control facility not operated by the FAA or by or
under contract to the U.S. military; and an operator as defined in 14 CFR
135.1(c).
Performing (a safety-sensitive function): an employee is considered to be
performing a safety-sensitive function during any period in which he or she
is actually performing, ready to perform, or immediately available to perform
such functions.
Refuse to submit (to an alcohol test) means that a covered employee fails
to provide adequate breath for testing without a valid medical explanation
after he or she has received notice of the requirement to be tested in
accordance with this appendix, or engages in conduct that clearly obstructs
the testing process.
Safety-sensitive function means a function listed in section II of this
appendix.
Screening test means an analytical procedure to determine whether a covered
employee may have a prohibited concentration of alcohol in his or her system.
Substance abuse professional means a licensed physician (Medical Doctor or
Doctor of Osteopathy), or a licensed or certified psychologist, social
worker, employee assistance professional, or an addiction counselor
(certified by the National Association of Alcoholism and Drug Abuse
Counselors Certification Commission) with knowledge of and clinical
experience in the diagnosis and treatment of alcohol-related disorders.
Violation rate means the number of covered employees (as reported under
section IV of this appendix) found during random tests given under this
appendix to have an alcohol concentration of 0.04 or greater plus the number
of employees who refused a random test required by this appendix, divided by
the total reported number of employees in the industry given random alcohol
tests under this appendix plus the total reported number of employees in the
industry who refuse a random test required by this appendix.
D. Preemption of State and local laws.
1. Except as provided in subparagraph 2 of this paragraph, these
regulations preempt any State or local law, rule, regulation, or order to the
extent that:
(a) Compliance with both the State or local requirement and this appendix
is not possible; or
(b) Compliance with the State or local requirement is an obstacle to the
accomplishment and execution of any requirement in this appendix.
2. The alcohol misuse requirements of this title shall not be construed to
preempt provisions of State criminal law that impose sanctions for reckless
conduct leading to actual loss of life, injury, or damage to property,
whether the provisions apply specifically to transportation employees or
employers or to the general public.
E. Other requirements imposed by employers.
Except as expressly provided in these alcohol misuse requirements, nothing
in these requirements shall be construed to affect the authority of
employers, or the rights of employees, with respect to the use or possession
of alcohol, including any authority and rights with respect to alcohol
testing and rehabilitation.
F. Requirement for notice.
Before performing an alcohol test under this appendix, each employer shall
notify a covered employee that the alcohol test is required by this appendix.
No employer shall falsely represent that a test is administered under this
appendix.
II. Covered Employees
Each employee who performs a function listed in this section directly or by
contract for an employer as defined in this appendix must be subject to
alcohol testing under an FAA-approved alcohol misuse prevention program
implemented in accordance with this appendix. The covered safety-sensitive
functions are:
1. Flight crewmember duties.
2. Flight attendant duties.
3. Flight instruction duties.
4. Aircraft dispatcher duties.
5. Aircraft maintenance or preventive maintenance duties.
6. Ground security coordinator duties.
7. Aviation screening duties.
8. Air traffic control duties.
III. Tests Required
A. Pre-employment
1. Prior to the first time a covered employee performs safety-sensitive
functions for an employer, the employee shall undergo testing for alcohol. No
employer shall allow a covered employee to perform safety-sensitive functions
unless the employee has been administered an alcohol test with a result
indicating an alcohol concentration less than 0.04. If a pre-employment test
result under this paragraph indicates an alcohol concentration of 0.02 or
greater but less than 0.04, the provisions of paragraph F of section V of
this appendix apply.
2. An employer is not required to administer an alcohol test as required by
this paragraph if:
(a) The employee has undergone an alcohol test required by this appendix or
the alcohol misuse rule of another DOT agency under 49 CFR part 40 within the
previous 6 months, with a result indicating an alcohol concentration less
than 0.04; and
(b) The employer ensures that no prior employer of the covered employee of
whom the employer has knowledge has records of a violation of Sec. 65.46a,
121.458, or 135.253 of this chapter or the alcohol misuse rule of another DOT
agency within the previous 6 months.
B. Post-accident
1. As soon as practicable following an accident, each employer shall test
each surviving covered employee for alcohol if that employee's performance of
a safety-sensitive function either contributed to the accident or cannot be
completely discounted as a contributing factor to the accident. The decision
not to administer a test under this section shall be based on the employer's
determination, using the best available information at the time of the
determination, that the covered employee's performance could not have
contributed to the accident.
2. If a test required by this section is not administered within 2 hours
following the accident, the employer shall prepare and maintain on file a
record stating the reasons the test was not promptly administered. If a test
required by this section is not administered within 8 hours following the
accident, the employer shall cease attempts to administer an alcohol test and
shall prepare and maintain the same record. Records shall be submitted to the
FAA upon request of the Administrator or his or her designee.
3. A covered employee who is subject to post-accident testing shall remain
readily available for such testing or may be deemed by the employer to have
refused to submit to testing. Nothing in this section shall be construed to
require the delay of necessary medical attention for injured people following
an accident or to prohibit a covered employee from leaving the scene of an
accident for the period necessary to obtain assistance in responding to the
accident or to obtain necessary emergency medical care.
C. Random testing
1. Except as provided in paragraphs 2-4 of this section, the minimum annual
percentage rate for random alcohol testing will be 25 percent of the covered
employees.
2. The Administrator's decision to increase or decrease the minimum annual
percentage rate for random alcohol testing is based on the violation rate for
the entire industry. All information used for this determination is drawn
from alcohol MIS reports required by this appendix. In order to ensure
reliability of the data, the Administrator considers the quality and
completeness of the reported data, may obtain additional information or
reports from employers, and may make appropriate modifications in calculating
the industry violation rate. Each year, the Administrator will publish in the
Federal Register the minimum annual percentage rate for random alcohol
testing of covered employees. The new minimum annual percentage rate for
random alcohol testing will be applicable starting January 1 of the calendar
year following publication.
3. (a) When the minimum annual percentage rate for random alcohol testing
is 25 percent or more, the Administrator may lower this rate to 10 percent of
all covered employees if the Administrator determines that the data received
under the reporting requirements of this appendix for two consecutive
calendar years indicate that the violation rate is less than 0.5 percent.
(b) When the minimum annual percentage rate for random alcohol testing is
50 percent, the Administrator may lower this rate to 25 percent of all
covered employees if the Administrator determines that the data received
under the reporting requirements of this appendix for two consecutive
calendar years indicate that the violation rate is less than 1.0 percent but
equal to or greater than 0.5 percent.
4. (a) When the minimum annual percentage rate for random alcohol testing
is 10 percent, and the data received under the reporting requirements of this
appendix for that calendar year indicate that the violation rate is equal to
or greater than 0.5 percent but less than 1.0 percent, the Administrator will
increase the minimum annual percentage rate for random alcohol testing to 25
percent of all covered employees.
(b) When the minimum annual percentage rate for random alcohol testing is
25 percent or less, and the data received under the reporting requirements of
this appendix for that calendar year indicate that the violation rate is
equal to or greater than 1.0 percent, the Administrator will increase the
minimum annual percentage rate for random alcohol testing to 50 percent of
all covered employees.
5. The selection of employees for random alcohol testing shall be made by a
scientifically valid method, such as a random-number table or a computer-
based random number generator that is matched with employees' Social Security
numbers, payroll identification numbers, or other comparable identifying
numbers. Under the selection process used, each covered employee shall have
an equal chance of being tested each time selections are made.
6. The employer shall randomly select a sufficient number of covered
employees for testing during each calendar year to equal an annual rate not
less than the minimum annual percentage rate for random alcohol testing
determined by the Administrator. If the employer conducts random testing
through a consortium, the number of employees to be tested may be calculated
for each individual employer or may be based on the total number of covered
employees who are subject to random alcohol testing at the same minimum
annual percentage rate under this appendix or any DOT alcohol testing rule.
7. Each employer shall ensure that random alcohol tests conducted under
this appendix are unannounced and that the dates for administering random
tests are spread reasonably throughout the calendar year.
8. Each employer shall require that each covered employee who is notified
of selection for random testing proceeds to the testing site immediately;
provided, however, that if the employee is performing a safety-sensitive
function at the time of the notification, the employer shall instead ensure
that the employee ceases to perform the safety-sensitive function and
proceeds to the testing site as soon as possible.
9. A covered employee shall only be randomly tested while the employee is
performing safety-sensitive functions; just before the employee is to perform
safety-sensitive functions; or just after the employee has ceased performing
such functions.
10. If a given covered employee is subject to random alcohol testing under
the alcohol testing rules of more than one DOT agency, the employee shall be
subject to random alcohol testing at the percentage rate established for the
calendar year by the DOT agency regulating more than 50 percent of the
employee's functions.
11. If an employer is required to conduct random alcohol testing under the
alcohol testing rules of more than one DOT agency, the employer may--
(a) Establish separate pools for random selection, with each pool
containing the covered employees who are subject to testing at the same
required rate; or
(b) Randomly select such employees for testing at the highest percentage
rate established for the calendar year by any DOT agency to which the
employer is subject.
D. Reasonable Suspicion Testing
1. An employer shall require a covered employee to submit to an alcohol
test when the employer has reasonable suspicion to believe that the employee
has violated the alcohol misuse prohibitions in Sec. 65.46a, 121.458, or
135.253 of this chapter.
2. The employer's determination that reasonable suspicion exists to require
the covered employee to undergo an alcohol test shall be based on specific,
contemporaneous, articulable observations concerning the appearance,
behavior, speech or body odors of the employee. The required observations
shall be made by a supervisor who is trained in detecting the symptoms of
alcohol misuse. The supervisor who makes the determination that reasonable
suspicion exists shall not conduct the breath alcohol test on that employee.
3. Alcohol testing is authorized by this section only if the observations
required by paragraph 2 are made during, just preceding, or just after the
period of the work day that the covered employee is required to be in
compliance with this rule. An employee may be directed by the employer to
undergo reasonable suspicion testing for alcohol only while the employee is
performing safety-sensitive functions; just before the employee is to perform
safety-sensitive functions; or just after the employee has ceased performing
such functions.
4. (a) If a test required by this section is not administered within 2
hours following the determination made under paragraph 2 of this section, the
employer shall prepare and maintain on file a record stating the reasons the
test was not promptly administered. If a test required by this section is not
administered within 8 hours following the determination made under paragraph
2 of this section, the employer shall cease attempts to administer an alcohol
test and shall state in the record the reasons for not administering the
test.
(b) Notwithstanding the absence of a reasonable suspicion alcohol test
under this section, no covered employee shall report for duty or remain on
duty requiring the performance of safety-sensitive functions while the
employee is under the influence of or impaired by alcohol, as shown by the
behavioral, speech, or performance indicators of alcohol misuse, nor shall an
employer permit the covered employee to perform or continue to perform
safety-sensitive functions until:
(1) An alcohol test is administered and the employee's alcohol
concentration measures less than 0.02; or
(2) The start of the employee's next regularly scheduled duty period, but
not less than 8 hours following the determination made under paragraph 2 of
this section that there is reasonable suspicion that the employee has
violated the alcohol misuse provisions in Sec. 65.46a, 121.458, or 135.253 of
this chapter.
(c) Except as provided in paragraph 4(b), no employer shall take any action
under this appendix against a covered employee based solely on the employee's
behavior and appearance in the absence of an alcohol test. This does not
prohibit an employer with authority independent of this appendix from taking
any action otherwise consistent with law.
E. Return to Duty Testing
Each employer shall ensure that before a covered employee returns to duty
requiring the performance of a safety-sensitive function after engaging in
conduct prohibited in Sec. 65.46a, 121.458, or 135.253 of this chapter, the
employee shall undergo a return to duty alcohol test with a result indicating
an alcohol concentration of less than 0.02.
F. Follow-up Testing
Following a determination under section VI, paragraph C.2 of this appendix
that a covered employee is in need of assistance in resolving problems
associated with alcohol misuse, each employer shall ensure that the employee
is subject to unannounced follow-up alcohol testing as directed by a
substance abuse professional in accordance with the provisions of section VI,
paragraph C.3(b)(2) of this appendix. A covered employee shall be tested
under this paragraph only while the employee is performing safety-sensitive
functions; just before the employee is to perform safety-sensitive functions;
or just after the employee has ceased performing such functions.
G. Retesting of Covered Employees With an Alcohol Concentration of 0.02 or
Greater but Less Than 0.04
Each employer shall retest a covered employee to ensure compliance with the
provisions of section V, paragraph F of this appendix, if the employer
chooses to permit the employee to perform a safety-sensitive function within
8 hours following the administration of an alcohol test indicating an alcohol
concentration of 0.02 or greater but less than 0.04.
IV. Handling of Test Results, Record Retention, and Confidentiality
A. Retention of Records
1. General Requirement. Each employer shall maintain records of its alcohol
misuse prevention program as provided in this section. The records shall be
maintained in a secure location with controlled access.
2. Period of Retention. Each employer shall maintain the records in
accordance with the following schedule:
(a) Five years. Records of employee alcohol test results with results
indicating an alcohol concentration of 0.02 or greater, documentation of
refusals to take required alcohol tests, calibration documentation, employee
evaluations and referrals, and copies of any annual reports submitted to the
FAA under this appendix shall be maintained for a minimum of 5 years.
(b) Two years. Records related to the collection process (except
calibration of evidential breath testing devices) and training shall be
maintained for a minimum of 2 years.
(c) One year. Records of all test results below 0.02 shall be maintained
for a minimum of 1 year.
3. Types of Records. The following specific records shall be maintained.
(a) Records related to the collection process:
(1) Collection logbooks, if used.
(2) Documents relating to the random selection process.
(3) Calibration documentation for evidential breath testing devices.
(4) Documentation of breath alcohol technician training.
(5) Documents generated in connection with decisions to administer
reasonable suspicion alcohol tests.
(6) Documents generated in connection with decisions on post-accident
tests.
(7) Documents verifying existence of a medical explanation of the inability
of a covered employee to provide adequate breath for testing.
(b) Records related to test results:
(1) The employer's copy of the alcohol test form, including the results of
the test;
(2) Documents related to the refusal of any covered employee to submit to
an alcohol test required by this appendix.
(3) Documents presented by a covered employee to dispute the result of an
alcohol test administered under this appendix.
(c) Records related to other violations of Secs. 65.46a, 121.248, or
135.253 of this chapter.
(d) Records related to evaluations:
(1) Records pertaining to a determination by a substance abuse professional
concerning a covered employee's need for assistance.
(2) Records concerning a covered employee's compliance with the
recommendations of the substance abuse professional.
(3) Records of notifications to the Federal Air Surgeon of violations of
the alcohol misuse prohibitions in this chapter by covered employees who hold
medical certificates issued under part 67 of this chapter.
(e) Records related to education and training:
(1) Materials on alcohol misuse awareness, including a copy of the
employer's policy on alcohol misuse.
(2) Documentation of compliance with the requirements of section VI,
paragraph A of this appendix.
(3) Documentation of training provided to supervisors for the purpose of
qualifying the supervisors to make a determination concerning the need for
alcohol testing based on reasonable suspicion.
(4) Certification that any training conducted under this appendix complies
with the requirements for such training.
B. Reporting of Results in a Management Information System
1. Annual reports summarizing the results of alcohol misuse prevention
programs shall be submitted to the FAA in the form and manner prescribed by
the Administrator by March 15 of each year covering the previous calendar
year (January 1 through December 31) in accordance with the provisions below.
(a) Each part 121 certificate holder shall submit an annual report each
year.
(b) Each entity conducting an alcohol misuse prevention program under the
provisions of this appendix, other than a part 121 certificate holder, that
has 50 or more covered employees on January 1 of any calendar year shall
submit an annual report to the FAA for that calendar year.
(c) The Administrator reserves the right to require employers not otherwise
required to submit annual reports to prepare and submit such reports to the
FAA. Employers that will be required to submit annual reports under this
provision will be notified in writing by the FAA.
2. Each employer that is subject to more than one DOT agency alcohol rule
shall identify each employee covered by the regulations of more than one DOT
agency. The identification will be by the total number and category of
covered function. Prior to conducting any alcohol test on a covered employee
subject to the rules of more than one DOT agency, the employer shall
determine which DOT agency rule or rules authorizes or requires the test. The
test result information shall be directed to the appropriate DOT agency or
agencies.
3. Each employer shall ensure the accuracy and timeliness of each report
submitted.
4. Each report shall be submitted in the form and manner prescribed by the
Administrator.
5. Each report shall be signed by the employer's alcohol misuse prevention
program manager or other designated representative.
6. Each report that contains information on an alcohol screening test
result of 0.02 or greater or a violation of the alcohol misuse provisions of
Sec. 65.46a, 121.458, or 135.253 of this chapter shall include the following
informational elements:
(a) Number of covered employees by employee category.
(b) Number of covered employees in each category subject to alcohol testing
under the alcohol misuse rule of another DOT agency, identified by each
agency.
(c)(1) Number of screening tests by type of test and employee category.
(2) Number of confirmation tests, by type of test and employee category.
(d) Number of confirmation alcohol tests indicating an alcohol
concentration of 0.02 or greater but less than 0.04 by type of test and
employee category.
(e) Number of confirmation alcohol tests indicating an alcohol
concentration of 0.04 or greater, by type of test and employee category.
(f) Number of persons denied a position as a covered employee following a
pre-employment alcohol test indicating an alcohol concentration of 0.04 or
greater.
(g) Number of covered employees with a confirmation alcohol test indicating
an alcohol concentration of 0.04 or greater who were returned to duty in
covered positions (having complied with the recommendations of a substance
abuse professional as described in section V, paragraph E, and section VI,
paragraph C of this appendix).
(h) Number of covered employees who were administered alcohol and drug
tests at the same time, with both a positive drug test result and an alcohol
test result indicating an alcohol concentration of 0.04 or greater.
(i) Number of covered employees who were found to have violated other
alcohol misuse provisions of Secs. 65.46a, 121.458, or 135.253 of this
chapter, and the action taken in response to the violation.
(j) Number of covered employees who refused to submit to an alcohol test
required under this appendix, the number of such refusals that were for
random tests, and the action taken in response to each refusal.
(k) Number of supervisors who have received required training during the
reporting period in determining the existence of reasonable suspicion of
alcohol misuse.
7. Each report with no screening test results of 0.02 or greater or
violations of the alcohol misuse provisions of Secs. 65.46a, 121.458, or
135.253 of this chapter shall include the following informational elements.
(This report may only be submitted if the program results meet these
criteria.)
(a) Number of covered employees by employee category.
(b) Number of covered employees in each category subject to alcohol testing
under the alcohol misuse rule of another DOT agency, identified by each
agency.
(c) Number of screening tests by type of test and employee category.
(d) Number of covered employees who engaged in alcohol misuse who were
returned to duty in covered positions (having complied with the
recommendations of a substance abuse professional as described in section V,
paragraph E, and section VI, paragraph C of this appendix).
(e) Number of covered employees who refused to submit to an alcohol test
required under this appendix, and the action taken in response to each
refusal.
(f) Number of supervisors who have received required training during the
reporting period in determining the existence of reasonable suspicion of
alcohol misuse.
8. An FAA-approved consortium may prepare reports on behalf of individual
aviation employers for purposes of compliance with this reporting
requirement. However, the aviation employer shall sign and submit such a
report and shall remain responsible for ensuring the accuracy and timeliness
of each report prepared on its behalf by a consortium.
C. Access to Records and Facilities
1. Except as required by law or expressly authorized or required in this
appendix, no employer shall release covered employee information that is
contained in records required to be maintained under this appendix.
2. A covered employee is entitled, upon written request, to obtain copies
of any records pertaining to the employee's use of alcohol, including any
records pertaining to his or her alcohol tests. The employer shall promptly
provide the records requested by the employee. Access to an employee's
records shall not be contingent upon payment for records other than those
specifically requested.
3. Each employer shall make available copies of all results of alcohol
testing conducted under this appendix and any other information pertaining to
the employer's alcohol misuse prevention program, when requested by the
Secretary of Transportation or any DOT agency with regulatory authority over
the employer or covered employee.
4. When requested by the National Transportation Safety Board as part of an
accident investigation, each employer shall disclose information related to
the employer's administration of a post-accident alcohol test administered
following the accident under investigation.
5. Records shall be made available to a subsequent employer upon receipt of
written request from the covered employee. Disclosure by the subsequent
employer is permitted only as expressly authorized by the terms of the
employee's request.
6. An employer may disclose information required to be maintained under
this appendix pertaining to a covered employee to the employee or to the
decisionmaker in a lawsuit, grievance, or other proceeding initiated by or on
behalf of the individual and arising from the results of an alcohol test
administered under this appendix or from the employer's determination that
the employee engaged in conduct prohibited under Secs. 65.46a, 121.458, or
135.253 of this chapter (including, but not limited to, a worker's
compensation, unemployment compensation, or other proceeding relating to a
benefit sought by the employee).
7. An employer shall release information regarding a covered employee's
records as directed by the specific, written consent of the employee
authorizing release of the information to an identified person. Release of
such information by the person receiving the information is permitted only in
accordance with the terms of the employee's consent.
8. Each employer shall permit access to all facilities utilized in
complying with the requirements of this appendix to the Secretary of
Transportation or any DOT agency with regulatory authority over the employer
or any of its covered employees.
V. Consequences for Employees Engaging in Alcohol-Related Conduct
A. Removal From Safety-sensitive Function
1. Except as provided in section VI of this appendix, no covered employee
shall perform safety-sensitive functions if the employee has engaged in
conduct prohibited by Secs. 65.46a, 121.458, or 135.253 of this chapter or an
alcohol misuse rule of another DOT agency.
2. No employer shall permit any covered employee to perform safety-
sensitive functions if the employer has determined that the employee has
violated this paragraph.
B. Permanent Disqualification From Service
An employee who violates Secs. 65.46a(c), 121.458(c), or 135.253(c) or who
violates other alcohol misuse provisions of Secs. 65.46a, 121.458, or 135.253
of this chapter and had previously engaged in conduct that violated the
provisions of Secs. 65.46a, 121.458, or 135.253 of this chapter after March
18, 1994 is permanently precluded from performing for an employer the safety-
sensitive duties the employee performed before such violation.
C. Notice to the Federal Air Surgeon
1. An employer who determines that a covered employee who holds an airman
medical certificate issued under part 67 of this chapter has violated the
provisions of Secs. 65.46a, 121.458, or 135.253 of this chapter shall notify
the Federal Air Surgeon within 2 working days.
2. Each such employer shall forward to the Federal Air Surgeon a copy of
the report of any evaluation performed under the provisions of section VI of
this appendix within 2 working days of the employer's receipt of the report.
3. All documents shall be sent to the Federal Air Surgeon, Office of
Aviation Medicine, Drug Abatement Division (AAM-800), 400 7th Street SW.,
Washington, DC 20590.
4. No covered employee who holds a part 67 airman medical certificate shall
perform safety-sensitive duties for an employer following a violation until
and unless the Federal Air Surgeon has recommended that the employee be
permitted to perform such duties.
D. Notice of Refusals
1. Except as provided in subparagraph 2 of this paragraph, each employer
shall notify the FAA of any covered employee who holds a certificate issued
under part 61, part 63, or part 65 who has refused to submit to an alcohol
test required under this appendix. Notifications should be sent to: Federal
Aviation Administration, Aviation Standards National Field Office, Airmen
Certification Branch, AVN-460, P.O Box 25082, Oklahoma City, OK 73125.
2. An employer is not required to notify the FAA of refusals to submit to
pre-employment alcohol tests or refusals to submit to return to duty tests.
E. Required Evaluation and Testing
No covered employee who has engaged in conduct prohibited by Secs. 65.46a,
121.458, or 135.253 of this chapter shall perform safety-sensitive functions
unless the employee has met the requirements of section VI, paragraph C of
this appendix. No employer shall permit a covered employee who has engaged in
such conduct to perform safety-sensitive functions unless the employee has
met the requirements of section VI, paragraph C of this appendix.
F. Other Alcohol-Related Conduct
1. No covered employee tested under the provisions of section III of this
appendix who is found to have an alcohol concentration of 0.02 or greater but
less than 0.04 shall perform or continue to perform safety-sensitive
functions for an employer, nor shall an employer permit the employee to
perform or continue to perform safety-sensitive functions, until:
(a) The employee's alcohol concentration measures less than 0.02; or
(b) The start of the employee's next regularly scheduled duty period, but
not less than 8 hours following administration of the test.
2. Except as provided in subparagraph 1 of this paragraph, no employer
shall take any action under this rule against an employee based solely on
test results showing an alcohol concentration less than 0.04. This does not
prohibit an employer with authority independent of this rule from taking any
action otherwise consistent with law.
VI. Alcohol Misuse Information, Training, and Referral
A. Employer Obligation to Promulgate a Policy on the Misuse of Alcohol
1. General requirements. Each employer shall provide educational materials
that explain these alcohol misuse requirements and the employer's policies
and procedures with respect to meeting those requirements.
(a) The employer shall ensure that a copy of these materials is distributed
to each covered employee prior to the start of alcohol testing under the
employer's FAA-mandated alcohol misuse prevention program and to each person
subsequently hired for or transferred to a covered position.
(b) Each employer shall provide written notice to representatives of
employee organizations of the availability of this information.
2. Required content. The materials to be made available to employees shall
include detailed discussion of at least the following:
(a) The identity of the person designated by the employer to answer
employee questions about the materials.
(b) The categories of employees who are subject to the provisions of these
alcohol misuse requirements.
(c) Sufficient information about the safety-sensitive functions performed
by those employees to make clear what period of the work day the covered
employee is required to be in compliance with these alcohol misuse
requirements.
(d) Specific information concerning employee conduct that is prohibited by
this chapter.
(e) The circumstances under which a covered employee will be tested for
alcohol under this appendix.
(f) The procedures that will be used to test for the presence of alcohol,
protect the employee and the integrity of the breath testing process,
safeguard the validity of the test results, and ensure that those results are
attributed to the correct employee.
(g) The requirement that a covered employee submit to alcohol tests
administered in accordance with this appendix.
(h) An explanation of what constitutes a refusal to submit to an alcohol
test and the attendant consequences.
(i) The consequences for covered employees found to have violated the
prohibitions in this chapter, including the requirement that the employee be
removed immediately from performing safety-sensitive functions, and the
procedures under section VI of this appendix.
(j) The consequences for covered employees found to have an alcohol
concentration of 0.02 or greater but less than 0.04.
(k) Information concerning the effects of alcohol misuse on an individual's
health, work, and personal life; signs and symptoms of an alcohol problem;
and available methods of evaluating and resolving problems associated with
the misuse of alcohol; and intervening when an alcohol problem is suspected,
including confrontation, referral to any available employee assistance
program, and/or referral to management.
(l) Optional provisions. The materials supplied to covered employees may
also include information on additional employer policies with respect to the
use or possession of alcohol, including any consequences for an employee
found to have a specified alcohol level, that are based on the employer's
authority independent of this appendix. Any such additional policies or
consequences must be clearly and obviously described as being based on
independent authority.
B. Training for Supervisors
Each employer shall ensure that persons designated to determine whether
reasonable suspicion exists to require a covered employee to undergo alcohol
testing under section II of this appendix receive at least 60 minutes of
training on the physical, behavioral, speech, and performance indicators of
probable alcohol misuse.
C. Referral, Evaluation, and Treatment
1. Each covered employee who has engaged in conduct prohibited by Secs.
65.46a, 121.458, or 135.253 of this chapter shall be advised by the employer
of the resources available to the employee in evaluating and resolving
problems associated with the misuse of alcohol, including the names,
addresses, and telephone numbers of substance abuse professionals and
counseling and treatment programs.
2. Each covered employee who engages in conduct prohibited under Secs.
65.46a, 121.458, or 135.253 of this chapter shall be evaluated by a substance
abuse professional who must determine what assistance, if any, the employee
needs in resolving problems associated with alcohol misuse.
3. (a) Before a covered employee returns to duty requiring the performance
of a safety-sensitive function after engaging in conduct prohibited by Secs.
65.46a, 121.458, or 135.253 of this chapter, the employee shall undergo a
return-to-duty alcohol test with a result indicating an alcohol concentration
of less than 0.02.
(b) In addition, each covered employee identified as needing assistance in
resolving problems associated with alcohol misuse--
(i) Shall be evaluated by a substance abuse professional to determine
whether the employee has properly followed any rehabilitation program
prescribed under subparagraph 2 of this paragraph, and,
(ii) Shall be subject to unannounced follow-up alcohol tests administered
by the employer following the employee's return to duty. The number and
frequency of such follow-up testing shall be determined by a substance abuse
professional, but shall consist of at least six tests in the first 12 months
following the employee's return to duty. The employer may direct the employee
to undergo testing for drugs (both return to duty and follow-up), in addition
to alcohol testing, if the substance abuse professional determines that drug
testing is necessary for the particular employee. Any such drug testing shall
be conducted in accordance with the requirements of 49 CFR part 40. Follow-up
testing shall not exceed 60 months from the date of the employee's return to
duty. The substance abuse professional may terminate the requirement for
follow-up testing at any time after the first six tests have been
administered, if the substance abuse professional determines that such
testing is no longer necessary.
4. Evaluation and rehabilitation may be provided by the employer, by a
substance abuse professional under contract with the employer, or by a
substance abuse professional not affiliated with the employer. The choice of
substance abuse professional and assignment of costs shall be made in
accordance with employer/employee agreements and employer policies.
5. Each employer shall ensure that a substance abuse professional who
determines that a covered employee requires assistance in resolving problems
with alcohol misuse does not refer the employee to the substance abuse
professional's private practice or to a person or organization from which the
substance abuse professional receives remuneration or in which the substance
abuse professional has a financial interest. This paragraph does not prohibit
a substance abuse professional from referring an employee for assistance
provided through--
(a) A public agency, such as a State, county, or municipality;
(b) The employer or a person under contract to provide treatment for
alcohol problems on behalf of the employer;
(c) The sole source of therapeutically appropriate treatment under the
employee's health insurance program; or
(d) The sole source of therapeutically appropriate treatment reasonably
accessible to the employee.
6. The requirements of this paragraph with respect to referral, evaluation,
and rehabilitation do not apply to applicants who refuse to submit to pre-
employment testing or have a pre-employment test with a result indicating an
alcohol concentration of 0.04 or greater.
VII. Employer's Alcohol Misuse Prevention Program
A. Schedule for Submission of Certification Statements and Implementation
1. Each employer shall submit an alcohol misuse prevention program (AMPP)
certification statement as prescribed in paragraph B of section VII of this
appendix, in duplicate, to the FAA, Office of Aviation Medicine, Drug
Abatement Division (AAM-800), 400 7th Street SW., Washington, DC 20590, in
accordance with the schedule below.
(a) Each employer that holds a part 121 certificate, each employer that
holds a part 135 certificate and directly employs more than 50 covered
employees, and each air traffic control facility affected by this rule shall
submit a certification statement to the FAA by July 1, 1994. Each employer
must implement an AMPP meeting the requirements of this appendix on January
1, 1995. Contractor employees to these employers must be subject to an AMPP
meeting the requirements of this appendix by July 1, 1995.
(b) Each employer that holds a part 135 certificate and directly employs
from 11 to 50 covered employees shall submit a certification statement to the
FAA by January 1, 1995. Each employer must implement an AMPP meeting the
requirements of this appendix on July 1, 1995. Contractor employees to these
employers must be subject to an AMPP meeting the requirements of this
appendix by January 1, 1996.
(c) Each employer that holds a part 135 certificate and directly employs
ten or fewer covered employees, and each operator as defined in 14 CFR
135.1(c) shall submit a certification statement to the FAA by July 1, 1995.
Each employer must implement an AMPP meeting the requirements of this
appendix on January 1, 1996. Contractor employees to these employers must be
subject to an AMPP meeting the requirements of this appendix by July 1, 1996.
2. A company providing covered employees by contract to employers may be
authorized by the FAA to establish an AMPP under the auspices of this
appendix by submitting a certification statement meeting the requirements of
paragraph B of section VII of this appendix directly to the FAA. Each
contractor company that establishes an AMPP shall implement its AMPP in
accordance with the provisions of this appendix.
(a) The FAA may revoke its authorization in the case of any contractor
company that fails to properly implement its AMPP.
(b) No employer shall use a contractor company's employee who is not
subject to the employer's AMPP unless the employer has first determined that
the employee is subject to another FAA-mandated AMPP.
3. A consortium may be authorized to establish a consortium AMPP under the
auspices of this appendix by submitting a certification statement meeting the
requirements of paragraph B of section VII of this appendix directly to the
FAA. Each consortium that so certifies shall implement the AMPP on behalf of
the consortium members in accordance with the provisions of this appendix.
(a) The FAA may revoke its authorization in the case of any consortium that
fails to properly implement the AMPP.
(b) Each employer that participates in an FAA-approved consortium remains
individually responsible for ensuring compliance with the provisions of these
alcohol misuse requirements and must maintain all records required under
section IV of this appendix.
(c) Each consortium shall notify the FAA of any membership termination
within 10 days of such termination.
4. Any person who applies for a certificate under the provisions of parts
121 or 135 of this chapter after the effective date of the final rule shall
submit an alcohol misuse prevention program (AMPP) certification statement to
the FAA prior to beginning operations pursuant to the certificate. The AMPP
shall be implemented concurrently with beginning such operations or on the
date specified in paragraph A.1. of this section, whichever is later.
Contractor employees to a new certificate holder must be subject to an FAA-
mandated AMPP within 180 days of the implementation of the employer's AMPP.
5. Any person who intends to begin air traffic control operations as an
employer as defined in 14 CFR 65.46(a)(2) (air traffic control facilities not
operated by the FAA or by or under contract to the U.S. military) after March
18, 1994 shall, not later than 60 days prior to the proposed initiation of
such operations, submit an alcohol misuse prevention program certification
statement to the FAA. The AMPP shall be implemented concurrently with the
inception of operations or on the date specified in paragraph A.1 of this
section, whichever is later. Contractor employees to a new air traffic
control facility must be subject to an FAA-approved program within 180 days
of the implementation of the facility's program.
6. Any person who intends to begin sightseeing operations as an operator
under 14 CFR 135.1(c) after March 18, 1994 shall, not later than 60 days
prior to the proposed initiation of such operations, submit an alcohol misuse
prevention program (AMPP) certification statement to the FAA. The AMPP shall
be implemented concurrently with the inception of operations or on the date
specified in paragraph A.1 of this section, whichever is later. Contractor
employees to a new operator must be subject to an FAA-mandated AMPP within
180 days of the implementation of the employer's AMPP.
7. The duplicate certification statement shall be annotated indicating
receipt by the FAA and returned to the employer, contractor company, or
consortium.
8. Each consortium that submits an AMPP certification statement to the FAA
must receive actual notice of the FAA's receipt of the statement prior to
performing services as an FAA-approved consortium under this appendix on
behalf of employers or contractor companies.
9. Each employer, and each contractor company that submits a certification
statement directly to the FAA, shall notify the FAA of any proposed change in
status (e.g., join a consortium or another carrier's program, change
consortium, etc.) prior to the effective date of such change. The employer or
contractor company must ensure that it is continuously covered by an FAA-
mandated alcohol misuse prevention program.
B. Required Content of AMPP Certification Statements
1. Each AMPP certification statement submitted by an employer or a
contractor company shall provide the following information:
(a) The name, address, and telephone number of the employer/contractor
company and for the employer/contractor company AMPP manager;
(b) FAA operating certificate number (if applicable);
(c) The date on which the employer or contractor company will implement its
AMPP;
(d) If the submitter is a consortium member, the identity of the
consortium; and
(e) A statement signed by an authorized representative of the employer or
contractor company certifying an understanding of and agreement to comply
with the provisions of the FAA's alcohol misuse prevention regulations.
2. Each consortium certification statement shall provide the following
information.
(a) The name, address, and telephone number of the consortium's AMPP
manager;
(b) A list of the specific services the consortium will be providing in
implementation of FAA-mandated AMPPs (e.g., random testing, SAP).
(c) A statement signed by an authorized representative of the consortium
certifying an understanding of and agreement to comply with the provisions of
the FAA's alcohol misuse prevention regulations.
VIII. Employees Located Outside the U.S.
A. No covered employee shall be tested for alcohol misuse while located
outside the territory of the United States.
1. Each covered employee who is assigned to perform safety-sensitive
functions solely outside the territory of the United States shall be removed
from the random testing pool upon the inception of such assignment.
2. Each covered employee who is removed from the random testing pool under
this paragraph shall be returned to the random testing pool when the employee
resumes the performance of safety-sensitive functions wholly or partially
within the territory of the United States.
B. The provisions of this appendix shall not apply to any person who
performs a safety-sensitive function by contract for an employer outside the
territory of the United States.
SUMMARY: This final rule prescribes regulations establishing the aviation
industry alcohol misuse prevention program. It includes requirements for an
alcohol testing program for air carrier employees who perform safety-
sensitive duties, in implementation of the FAA-related provisions of the
Omnibus Transportation Employee Testing Act of 1991, which was enacted on
October 28, 1991. Employees who perform safety-sensitive duties directly or
by contract for aviation employers that hold a certificate issued under
certain FAA regulations, operators as defined in the regulations, or air
traffic control facilities not operated by the FAA or the U.S. military must
be subject to an FAA-mandated alcohol misuse prevention program (AMPP). This
final rule requires alcohol testing of these employees, proscribes certain
alcohol-related conduct, and establishes specified consequences for engaging
in alcohol misuse. Employers must provide written materials to covered
employees explaining the program and educating employees about the dangers of
alcohol misuse. Employers must also submit reports to the FAA on the results
of the program. This rule is intended to ensure that public safety is
maintained by preventing alcohol misuse by safety-sensitive aviation
employees.
